Judge: Upinder S. Kalra, Case: BC723793, Date: 2023-03-02 Tentative Ruling

Case Number: BC723793    Hearing Date: March 2, 2023    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   March 3, 2023                                    

CASE NAME:           Travis Walton, et al. v. Remington Arms Company, LLC, et al.

CASE NO.:                BC723793

MOTION TO BE ADMITTED PRO HAC VICE

MOVING PARTY: Defendant TR & Z US Trading Corp.

RESPONDING PARTY(S): None as of February 27, 2023.

REQUESTED RELIEF:

1.      An order granting the application for Jeffrey M. Malsch and Ryan L. erdreich appear as counsel pro hac vice

TENTATIVE RULING:

1.      Application to appear pro hac vice is is CONTINUED, until counsel provides the required information pursuant to CRC 9.40(d).

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On October 2, 2018, Plaintiffs Terry Walton and Travis Walton (“Plantiffs”) filed a complaint.

On January 8, 2020, Defendant Remington Arms Company, LLC filed an Answer.

On January 9, 2020, Defendant TR & Z US Trading Corp. filed an Answer and Cross-Complaint.

On February 10, 2020, Defendant Turner’s Outdoorsman filed an Answer and Cross-Complaint.

On April 1, 2020, Defendant TR & Z US Trading Corp. filed the current Motion to Appear Pro Hac Vice.

On July 28, 2020, Defendant Remington Arms Company, LLC filed a Notice of Stay of Proceedings due to bankruptcy filing.

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 Jeffrey M. Malsch and Ryan L. Erdreich appear pro hac vice in the current matter.

The Declaration of Ryan L Erdreich contains all the required information, except the title of court in which the applicant has filed an application to appear pro hac vice in this state.

The Declaration of Jeffrey M. Malsch does not contain two required statements: the applicant’s residence and the title of court in which the applicant has filed an application to appear pro hac vice in this state.

Additionally, applicants have provided, attached as Ex. A to the motion, a copy of the letter and check sent to the State Bar of California, as required under Rules of Court 9.40.

Therefore, Motion to be Admitted Pro Hac Vice is CONTINUED, until counsel provides the required information pursuant to CRC 9.40(d).

Conclusion:

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

Motion to be Admitted Pro Hac Vice is CONTINUED to April 7, 2023 at 8:30 am, until counsel provides the required information pursuant to CRC 9.40(d).

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             March 2, 2023             _________________________________                                                                                                                  Upinder S. Kalra

                                                                                    Judge of the Superior Court