Judge: Walter P. Schwarm, Case: 30-2018-01006334, Date: 2022-11-01 Tentative Ruling

The court CONTINUES the following motions to a date and time to be determined at the hearing on 11-1-22: (1) Motion and Verified Application of Tracy Gregar Ferak to Appear as Counsel Pro Hac Vice for Defendants Uber Technologies, Inc., Rasier LLC, and Rasier-CA, LLC filed on  9-22-22 under ROA No. 474; (2) Motion and Verified Application of Elizabeth C. Christen to Appear as Counsel Pro Hac Vice for Defendants Uber Technologies, Inc., Rasier LLC, and Rasier-CA, LLC filed on  9-22-22 under ROA No. 470; and (3) Motion and Verified Application of Lexi C. Fuson to Appear as Counsel Pro Hac Vice for Defendants Uber Technologies, Inc., Rasier LLC, and Rasier-CA, LLC filed on  9-22-22 under ROA No. 478.

California Rules of Court, rule 9.40(c)(1), states, “A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed a shorter period.”  California Rules of Court, rule 9.40(e), states in part, “An applicant for permission to appear as counsel pro hac vice under this rule must pay a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing that is served on the State Bar. . . .”

Here, the declaration of Sylvia Bokyung St. Clair in support of all three motions indicates, “A true and correct  copy of this Application will be served upon all parties . . . along with the required $50 fee.” (St. Clair Decl., ¶ 4 in each motion.)  Although the Proofs of Service for each motion show that the State Bar of California was served, the moving parties have not shown that State Bar has received the $50.00 fee.

Therefore, the court will CONTINUE all three motions to a date and time to be determined at the hearing on 11-1-22.