Judge: Upinder S. Kalra, Case: 22STCV04913, Date: 2022-07-27 Tentative Ruling

Case Number: 22STCV04913    Hearing Date: July 27, 2022    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   July 27, 2022                                     

CASE NAME:            Edi Baldomero Osoy Chacon v. Nina’s Mexican Food, Inc., et al.

CASE NO.:                22STCV04913

DEFENDANT’S APPLICATION TO BE ADMITTED PRO HAC VICE

MOVING PARTY: Defendant Nina’s Mexican Food

RESPONDING PARTY(S): None as of July 22, 2022.

REQUESTED RELIEF:

1.      An order granting the application for Albert J. Bolet, III to appear as counsel pro hac vice

TENTATIVE RULING:

1.      Application to appear pro hac vice is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Edi Baldomero Osoy Chacon (“Plaintiff”) filed a complaint against Defendants Nina’s Mexican Food, Inc., Felix Huerta, and Does 1 through 20 (“Defendants”) on February 9, 2022. The complaint alleged six causes of action allege harassment and failure to prevent harassment based on national origin. During his time working for Defendants, he was called derogatory comments and touched inappropriately.

Defendant Nina’s Mexican Food, Inc., filed an Answer on April 22, 2022.

The current Application to be Admitted Pro Hac Vice was filed on May 3, 2022.

Defendant Felix Huerta filed an Answer to the Unverified Complaint on July 14, 2022.

LEGAL STANDARD

Pursuant to California Rules of Court 9.40, an application for appearance pro hac

vice must be served on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee.

Additionally, the application must state: 

1.      The applicant's residence and office address; 

2.      The courts to which the applicant has been admitted to practice and the dates of admission; 

3.      That the applicant is a member in good standing in those courts; 

4.      That the applicant is not currently suspended or disbarred in any court; 

5.      The title of court and cause in which the applicant has filed an application to appear as counsel¿pro hac vice¿in this state in the preceding two years, the date of each application, and whether or not it was granted; and 

6.      The name, address, and telephone number of the active member of the State Bar of California who is attorney of record. 

(CRC 9.40(d).)  

ANALYSIS:

Defendant moves to have Albert J. Bolet, III appear pro hac vice in the current matter. Movant has provided all the information required under California Rules of Court 9.40 in the application to appear pro hac vice. Therefore, the application is GRANTED.

Conclusion:

            For the foregoing reasons, the Court decides the pending motion as follows:

            Application to be Admitted Pro Hac Vice is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             July 27 2022                           _________________________________                                                                                                                  Upinder S. Kalra

                                                                                    Judge of the Superior Court