Judge: William D. Claster, Case: 21-01205057, Date: 2023-06-16 Tentative Ruling

Cross-Defendant Commercial Bank of California's Verified Application of Eric A. Linden for Permission to Appear as Counsel Pro Hac Vice  ROA 370

Attorney Eric A. Linden’s application for admission to appear pro hac vice on behalf of Commercial Bank of California is DENIED without prejudice to seeking similar relief in arbitration.

On June 2, 2023, the Court entered an order compelling this matter to arbitration. The Court stayed all proceedings, with the exception that the Hagin parties may request a hearing on the proper allocation of arbitration fees. Linden’s pro hac vice application is not within the scope of that exception. Were the Court to decide whether Linden may appear in this matter—that is, whether he may appear in the Court-ordered arbitration—the Court would interfere with the arbitrator’s jurisdiction. If Linden intends to represent CBCal in the arbitration, he may follow the procedure set forth in CCP § 1282.4.