Judge Timothy B. Taylor, Case 37-2023-00021509-CU-PO-CTL 2023-10-06 Tentative Ruling

Judge: Timothy B. Taylor, Case: 37-2023-00021509-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023 01:30:00 PM C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Timothy Taylor

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Civil - Unlimited PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00021509-CU-PO-CTL MORENO VS TWITCH INTERACTIVE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Appear Pro Hac Vice, 09/15/2023

Tentative Ruling on Motions for Pro Hac Vice Admission Moreno v. Twitch International, Case No. 2023-21509 Oct. 6, 2023, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture.

This is a personal injury case arising out of a fall into a 'foam pit' underneath a 'jousting event' held at a 'gaming convention' held at the San Diego Convention Center in October of 2022.* Plaintiff alleges serious injuries to her ankle and knee. This is the second case to come before Dept. 72 in recent years involving a similar fact pattern. See Trakimas v. Vertical Trampoline Park Enterprises, Case No.

2018-20819.

Three defendants have answered separately. ROA 17, 18, 23. Another has demurred and seeks to compel arbitration; another has demurred. Those hearings are on the horizon. ROA 25-30, 41-42.

Presently, three lawyers from the Pacific Northwest (Groshong, Wadsworth and Lovett) seek leave for admission pro hac vice on behalf of defendant Intel. ROA 36-38, 43-55. The motions are unopposed.

The case is also set for a CMC. ROA 57-58.

2. Applicable Standards.

As a general rule, '[n]o person shall practice law in California unless the person is an active licensee of the State Bar.' Bus. & Prof. Code § 6125. Rule 9.40 of the California Rules of Court creates a limited exception to this general rule by allowing attorneys from another jurisdiction who are not licensed to practice law in California to apply for court permission to participate as counsel in a particular case as long as the client has also retained a California lawyer. The application to be admitted pro hac vice is addressed to the court's sound discretion. Big Lots Stores, Inc. v. Superior Court (2020) 57 Cal.App.5th 773, 779.

Admission in this fashion may help avoid problems such as those encountered by the attorneys in Birbrower v. Superior Court (1998) 17 Cal.4th 119. It has been suggested that 'the Court should interfere as little as possible with a party's desire to defend itself with counsel of its choice.' Magee v. Calendar No.: Event ID: TENTATIVE RULINGS

3010578 40 CASE NUMBER: CASE TITLE: MORENO VS TWITCH INTERACTIVE INC [IMAGED] 37-2023-00021509-CU-PO-CTL Superior Court (1973) 8 Cal.3d 949, 952-53.

3. Ruling.

The unopposed applications of Rachel D. Groshong, Sara J. Wadsworth, and Steven T. Lovett to appear pro hac vice on behalf of defendant Intel are granted. The CMC will have to be continued until after the question of arbitration is resolved.

__________________ *It is established that the San Diego Convention Center is a public entity and an 'extension of the City of San Diego.' Allen v. San Diego Convention Center (2022) 86 Cal.App.5th 589, 599 (affirming the undersigned).

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3010578 40