STEPHEN MIRANDA VS CROWN EQUIPMENT CORPORATION, A CORPORATION, ET AL.

Tentative Rulings

Case Number: *******6684 Hearing Date: April 11, 2022 Dept: 34

SUBJECT: Verified Application by Thomas J. Cullen, Jr. for Admission Pro Hac Vice to Represent Defendant Crown Equipment Corporation

Moving Party: Defendant Crown Equipment Corporation dba Crown Lift Trucks

Resp. Party: None

The Verified Application by Thomas J. Cullen, Jr. for Admission Pro Hac Vice to Represent Defendant Crown Equipment Corporation is GRANTED.

I. BACKGROUND

On September 24, 2020, Plaintiff Stephen Miranda filed a complaint against Defendants Crown Equipment Corporation and Crown Lift Trucks, to allege the following causes of action:

1. Strict Liability

2. Negligence

3. Breach of Express Warranty

4. Breach of Implied Warranty

On March 11, 2022, Defendant Crown Equipment Corporation filed a verified application by Thomas J. Cullen Jr. for Admission Pro Hac Vice to Represent Defendant Crown Equipment Corporation.

II. ANALYSIS

A. Legal Standard

Under California Rules of Court, rule 9.40(a),

[a] person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active member of the State Bar of California is associated as attorney of record. (Cal. Rules of Court, rule 9.40(a).)

No person is eligible to appear as counsel pro hac vice under rule 9.40(a) if the person is "(1) A resident of the State of California; (2) Regularly employed in the State of California; or (3) Regularly engaged in substantial business, professional, or other activities in the State of California." (Cal. Rules of Court, rule 9.40(a).)

"Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application." (Cal. Rules of Court, rule 9.40(b).) Any individual "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." (Cal. Rules of Court, rule 9.40(c).) Additionally, "[t]he 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." (Ibid.)

The application must include:

(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.

(Cal. Rules of Court, rule 9.40(d).)

An applicant "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." (Cal. Rules of Court, rule 9.40(e).) If the applicant is permitted to appear as counsel pro hac vice, he is "subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a member of the State Bar of California." (Cal. Rules of Court, rule 9.40(f).) Additionally, "[t]he counsel pro hac vice must familiarize himself or herself and comply with the standards of professional conduct required of members of the State Bar of California and will be subject to the disciplinary jurisdiction of the State Bar with respect to any of his or her acts occurring in the course of such appearance." (Ibid.)

B. Discussion

The application includes all of the required information pursuant to rule 9.40(a) and (d). Cullen declares (1) that her office and residence are located in Nashville, Tennessee (Cullen Decl. 3); (2) the courts to which she has been admitted to practice and the dates of admission (Id. 6); (3) that she is currently in good standing in those courts (Id. 7); (4) that she has not been suspended or disbarred (Id. 8); (5) that in the past two years she applied and was allowed to appear pro hac vice in two California state court cases and one federal case in California (Id. 9); and (6) the name and information of an active member of the State Bar of California who is attorney of record (Id. 10).

Cullen also provides evidence that Defendant was properly served (Erickson Decl., 4, Proof of Service), that a copy of the application was served on the State Bar, and that the $50 fee has been paid (Id. Ex. A). Cullen’s application is unopposed.

Accordingly, the Court GRANTS Thomas J. Cullen Jr.’s application to appear pro hac vice.

III. CONCLUSION

The Verified Application by Thomas J. Cullen, Jr. for Admission Pro Hac Vice to Represent Defendant Crown Equipment Corporation is GRANTED.