Maricela Betancourt Flores vs Eagle Carpet Restoration et al
Pro Hac Vice Counsel
Motion type
Parties
Ruling
On April 16, 2026, Defendants Egale Carpet Restoration Inc. and Hector Ortega filed this application of Matthew Perez to be admitted as pro hac vice.
Per Code of Civil Procedure section 1005(b) opposition papers were due on April 29, 2026. A failure to oppose a motion may be deemed a consent to the granting of the motion. California Rule of Court Rule 8.54c. Failure to oppose a motion leads to the presumption that the plaintiff has no meritorious arguments. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 489).
II. LEGAL STANDARD Purusant to California Rule of Court, rule 9.40(a), for an out-of-state lawyer, not admitted to practice in California may apply for pro hace vice admission. The application must include the following: (1) the applicant must be admitted to practice before a U.S. court, or the highest court of any state or territory; (2) he or she must not be a California resident, nor regularly engaged in practice or other business here; and (3) a member of the California Bar must be associated as attorney of record in the case.
A verified application must be filed stating (1) the applicant’s residence and office addresses; (2) the court or courts in which he or she is admitted to practice and the dates of admission; (3) that he or she is currently in good standing in such courts; (4) that he or she has not been suspended or disbarred in any court; (5) the title and case number of any California action in which he or she has applied to appear pro hac vice during 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 who is attorney of record. (Cal. Rule Court, Rule 9.40(d)—filing fee must accompany application). Copies of the application must be served SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA
Department 1 Honorable Eunice Lee, Presiding TBD, Courtroom Clerk 191 North First Street, San Jose, CA 95113
DATE: May 12, 2026 TIME: 9:00 A.M. and 9:01 A.M.
To contest the ruling, call the Court at (408) 808-6856 before 4:00 P.M. Make sure to also let the other side know before 4:00 P.M. that you plan to contest the ruling, in accordance with California Rule of Court, Rule 3.1308(a)(1) and Local Rule 8D.
**Please specify the issue to be contested when calling the Court and counsel**
LAW AND MOTION TENTATIVE RULINGS 11
by mail upon all parties who have appeared in the action, and also upon the State Bar at its San Francisco office at least 16 court days before the hearing under Code of Civil Procedure section 1005.
Here, the application complies with Rule of Court, rule 9.40.
III. CONCLUSION Therefore, the motion for admission pro hac vice is GRANTED.
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