Judge: Virginia Keeny, Case: 24STCV19478, Date: 2025-01-09 Tentative Ruling

Case Number: 24STCV19478    Hearing Date: January 9, 2025    Dept: 45

Fn logistics, llc v. adecco usa, inc.

APPLICATION TO APPEAR PRO HAC VICE

Date of Hearing:          January 9, 2025                       Trial Date:       None

Department:               45                                            Case No.:         24STCV19478 

Complaint Filed:            August 5, 2024

FAC Filed:                    September 23, 2024

Applicant:                    Attorney Samantha W. Frankel for Plaintiff FN Logistics, LLC

Responding Party:       None

Notice:                         Proper

BACKGROUND

On September 23, 2024, Plaintiff FN Logistics, LLC (“Plaintiff”) filed a first-amended complaint against Defendant Adecco USA, Inc. (“Defendant”) for (1) Contractual Indemnity; (2) Comparative Indemnity; and (3) Declaratory Relief.

On November 1, 2024, Defendant filed a Cross-Complaint against Plaintiff.

On November 25, 2024, Attorney Samantha W. Frankel filed an application to appear pro hac vice on behalf of Plaintiff FN Logistics, LLC.

[Tentative] Ruling

1. Application for Pro Hac Vice Admission of Samantha W. Frankel to Appear as Counsel for Plaintiff is GRANTED.  

LEGAL STANDARD

CRC, Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50 fee, provided that the attorney (a) is not a California resident, (b) does not work in California, and (c) does not perform regular or substantial business, professional or other activities in California.

An application for pro hac vice admission must set forth: (1) the applicant attorney’s residence and office addresses; (2) the courts to which the applicant attorney has been admitted and dates of admission; (3) a representation that the attorney applicant is a member in good standing in the courts of admission and is not currently suspended or disbarred in any court; (4) the title of each court and action in which the applicant attorney has appeared pro hac vice in this State in the prior two years; and (5) the name, address and phone number of the active California State Bar member with whom the applicant is associated. (CRC, Rule 9.40(d).)

Under CRC, Rule 9.40(b), “[a]bsent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.”

ANALYSIS

Kevin E. Gaut, counsel for Plaintiff, declares that the required fee for Samantha W. Frankel’s application was submitted. (Gaut Decl., ¶ 3.) Ms. Frankel attests that she is a member of good standing in the State Bar of New York and has been admitted to practice in the U.S. District Court, Southern District of New York and Eastern District of New York. (Frankel Decl., ¶ 4.) Ms. Frankel is a New York resident and not a resident of California, is not regularly employed in California, and is not regularly engaged in substantial business, professional or other activities in California. (Id. at ¶¶ 1, 6.) Ms. Frankel submits the name, address and phone number of the active California State Bar member with whom the applicant is associated. (Id. at ¶ 8.)

A copy of the application has been served on the State Bar of California and all interested parties. (Gaut Decl., ¶ 3, Proof of Service.) Ms. Frankel attests that, in the preceding two years, she has submitted two applications to appear as counsel pro hac vice. (Frankel Decl., ¶ 7.) First, in California in what counsel believes is a related case, FN Logistics, LLC et al v. Bluecrew, LLC, U.S. District Court, Central District of California, Case No. 2:24-CV-07635. (Id.) Ms. Frankel has another application currently pending in California in what counsel believes is also a related case, FN Logistics, LLC et al v. v. Randstad Inhouse Services, LLC, Los Angeles Superior Court, Case No. 24STCV19483. (Id.) The Court finds this is sufficient to establish that Ms. Frankel has not made repeated appearances under CRC, Rule 9.40(b).

Based on the foregoing, the court finds that Ms. Frankel establishes that she satisfied the requirements to appear as counsel pro hac vice pursuant to CRC, Rule 9.40.

CONCLUSION

Application for Pro Hac Vice Admission of Samantha W. Frankel to Appear as Counsel for Plaintiff is GRANTED.  

Moving party to give notice.