Fonseca, David vs. Chimienti & Associates

Case No.: VCU315048 Date: June 9, 2026 Time: 8:30 A.M. Dept. 2-The Honorable Bret D. Hillman Motion: Plaintiff's Application Pro Hac Vice as to Attorney Leigh S. Montgomery to appear as counsel p ro hac vice. Tentative Ruling: To deny the application.

Facts and Analysis The Court notes it previously denied the application on February 3, 2026, noting that the seven prior appearances in 2024 and 2025 constituted the practice of law in this State and, absent special circumstances, the repeated appearances are sufficient to deny the application.

This application appears to be substantially similar to the one previously denied and does not acknowledge the prior rejection. The Court discerns no discussion of any special circumstances in the declarations provided in support of this renewed application.

As such, the Court, again, finds that Attorney Montgomery's seven (7) prior appearances in different cases before the courts in this state in the last two years (six of which were in 2025 and one of which was in late 2024) and that the nature of this practice requires "the frequent need for special admittance" constitute repeated applications similar to Golba v. Dick's Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251, 1266. (Declaration of Montgomery P.9) California Rules of Court, Rule 9.40 (b) states, "absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application."

Again, Counsel does not articulate any special circumstances other than the presence of potential clients here, and if this formed a basis of for the finding of a special circumstance, it would be an exception that vitiates the rule.

Based on the foregoing, the application of attorney Montgomery to appear as counsel pro hac vice for Plaintiff in this action is denied.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.

Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings. Re: Ramirez Naranjo, Anthony vs. American Honda Motor Co., Inc.