Case Number: BC600771 Hearing Date: March 06, 2018 Dept: 47

Tentative Ruling

Judge Randolph M. Hammock, Department 47

HEARING DATE: March 6, 2018 TRIAL DATE: January 28, 2019

CASE: Edward Gonzalez v. Shooshani Developers LLC

MOTION TO APPEAR AS COUNSEL PRO HAC VICE

MOVING PARTY: Attorney Stephanie Demers, on behalf of Defendant JLG Industries, Inc.

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs bring this survival and wrongful death action based upon the death of their son, whose vehicle collided with a negligently parked JLG Lift encroaching on the roadway of Sunset Blvd.

Various Defendants filed Cross-Complaints.

Attorney Stephanie Demers applies to appear as counsel pro hac vice on behalf of Defendant JLG Industries, Inc.

TENTATIVE RULING:

CONDITIONED UPON providing a supplemental declaration that the applicant is not regularly engaged in substantial business, professional, or other activities in the State of California, Attorney Stephanie Demers’s application to appear as counsel pro hac vice on behalf of Defendant JLG Industries, Inc. will be GRANTED.

DISCUSSION:

Application To Appear Pro Hac Vice

Attorneys: Stephanie Demers

__X__ The application is verified. Id. at 9.40(c)(1).
__X__ The application is accompanied by a proof of service by mail in accordance with CCP § 1013a. CRC Rule 9.40(c)(1).
_X_ Notice of hearing has been given at the time prescribed in CCP §1005. CRC Rule 9.40(c)(1).
_n/a_The application was served in a shorter period for notice the court prescribed. CRC Rule 9.40(c)(1).
__X__ The application shows service on all parties who have appeared and the State Bar of California at its San Francisco office. CRC Rule 9.40(c)(1). See Declaration of PJ Lucca.
__X__ Proof that applicant paid a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing. CRC Rule 9.40(e).
__X __ The applicant is not a resident of the State of California. Id. at 9.40(a)(1).
__X__ The applicant is not regularly employed in the State of California. Id. at 9.40(a)(2).0

9.__NO_ The applicant is not regularly engaged in substantial business, professional, or other activities in the State of California. Id. at 9.40(a)(3). Application does not state this.

__X__ The application states the applicant’s residence and office address. Id. at 9.40(d)(1).
__X_ The application states the courts to which the applicant has been admitted to practice and the dates of admission. Id. at 9.40(d)(2).
__X__ The application states that the applicant is a member in good standing in the courts to which the applicant has been admitted to practice. Id. at 9.40(d)(3).
__X__ The application states that the applicant is not currently suspended or disbarred in any court. Id. at 9.40(d)(4).
__X__ The application states 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. CRC Rule 9.40(d)(5).
__X__ The applicant has not made repeated appearances pursuant to CRCR 9.40(b).
__n/a__ Any special circumstances for repeated appearances pursuant to CRC rule 9.40(b). “Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.” CRC Rule 9.40(b).
__X__The application states the name, address, and telephone number of the active member of the State Bar of California who is attorney of record. CRC Rule 9.40(d)(6).
_X_ $500 filing fee per application paid.

CONDITIONED UPON providing a supplemental declaration that the applicant is not regularly engaged in substantial business, professional, or other activities in the State of California, the application to appear pro hac vice will be GRANTED.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: March 6, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court