Motion to be Admitted Pro Hac Vice
23CV000245: BATES vs CALIFORNIA STATE DEPARTMENT OF HUMAN RESOURCES, et al. 09/17/2025 Hearing on Motion to be Admitted Pro Hac Vice in Department 54
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding. Should argument be requested by either party, the requesting party must call the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the hearing, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
Any party who wishes to contest the tentative ruling below must:
(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that they have notified the opposing party of their intention to appear; and
(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.
If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:
https://saccourt-ca-gov.zoomgov.com/my/sscdept28
SIP Address:
16039062174@sip.zoomgov.com
(833) 568-8864
23CV000245: BATES vs CALIFORNIA STATE DEPARTMENT OF HUMAN RESOURCES, et al. 09/17/2025 Hearing on Motion to be Admitted Pro Hac Vice in Department 54
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ID: 16039062174
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
Defendant Nationwide Investment Advisors, LLCs (NIA) application for an order permitting Michael Beekhuizen to appear as counsel pro hac vice on NIAs behalf is UNOPPOSED and is GRANTED, provided NIA file, at or before the hearing, a proof of service showing that the application was served on the California State Bar via mail at its San Francisco office in accordance with California Rules of Court rule 9.40(c)(1).
The Court recognizes that NIAs counsel declares that he served a copy of the application on the State Bar. (See Carroll Decl., ¶ 6.) The Court has no reason to doubt this statement. However, rule 9.40(c)(1) specifically requires that the application be filed 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)(1), emphasis added.) Counsels statement in his declaration does not satisfy Code of Civil Procedure section 1013a, and the proof of service accompanying the application lists only Plaintiff on the service list.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV000245: BATES vs CALIFORNIA STATE DEPARTMENT OF HUMAN RESOURCES, et al. 09/17/2025 Hearing on Motion to be Admitted Pro Hac Vice in Department 54
If the proof of service is not filed at or before the hearing, the matter will be dropped.