Daybreak Group, Inc. v. Three Creeks Ranch

[39]

Opinion

BEDSWORTH, J.

This is a case of first impression. Many such cases present interesting analytical challenges; others result only in rueful head shaking. This, unfortunately, falls into the latter category.

Daybreak Group, Inc. (Daybreak), appeals from an order quashing its service of summons on defendant Three Creeks Ranch, LLC (Three Creeks). Daybreak does not challenge the merits of the order, but instead contends that the court should not have even

entertained

the motion because the out-of-state law firm representing Three Creeks did not apply to appear as counsel

pro hac vice.

To be clear, the individual attorney who filed and appeared on the motion

is

a member of our State Bar—just one who happens to practice with a firm located in Montana—and he was thus both fully authorized to practice in our state courts and fully subject to the disciplinary jurisdiction of the State Bar with respect to his appearance.

Daybreak offers no authority for its contention that a

law firm,

as opposed to an

individual attorney,

could properly be admitted

pro hac vice

in our courts, let alone that it might be obligated to apply for such status. Because Three Creeks was properly represented in the lower court by an attorney who is licensed to practice law in this state, the court did not err in considering the motion to quash on its merits. The order is affirmed.

FACTS

Daybreak, a California corporation, and Dan Rudat, a California resident and “principal owner” of Daybreak, filed suit against Three Creeks, seeking declaratory relief. Plaintiff alleged that Rudat, acting on behalf of Daybreak, had “conversations” with persons conducting auctions in Montana, but did not enter into any agreements to purchase. However, due to what is alleged as “some strange reason,” Three Creeks “interpreted [plaintiffs’ statement as a firm offer to purchase real property,” and thus a controversy has arisen regarding the rights and liabilities of the parties in connection with the sale of a certain piece of real property located in Montana. Consequently, Daybreak and Rudat prayed for a declaratory judgment establishing they have no liability in connection with the alleged sale.