Preview
1 LITTLETON PARK JOYCE UGHETTA & KELLY LLP
Keith A. Sipprelle, Of Counsel (State Bar No. 143358)
2 2945 Townsgate Road, Suite 200 ELECTRONICALLY
Westlake Village, CA 91361 F I L E D
3
Telephone: (213) 599-8200 Superior Court of California,
County of San Francisco
4 Facsimile: (213) 228-1980
keith.sipprelle@littletonpark.com 08/14/2019
Clerk of the Court
5 BY: VANESSA WU
Attorneys for Defendant/Cross-Complainant SIEMENS INDUSTRY, INC. Deputy Clerk
6 (erroneously named and served as “Siemens Corporation”)
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 CHOI NGOR LI, CASE NO.: CGC-19-576285
12 Plaintiff, DEFENDANT/CROSS-COMPLAINANT
SIEMENS INDUSTRY, INC.’S NOTICE
13 vs. OF APPLICATION AND APPLICATION
FOR ADMISSION OF KRISTEN
14
CITY AND COUNTY OF SAN DENNISON TO THE BAR OF THIS
15 FRANCISCO, SIEMENS CORPORATION, COURT PRO HAC VICE;
and DOES ONE through ONE-HUNDRED, MEMORANDUM OF POINTS AND
16 AUTHORITIES IN SUPPORT THEREOF
Defendants.
17 [Concurrently filed with: (a) Verified
18 Application for Admission of Kristen
Dennison to the Bar of this Court Pro Hac
19 Vice; (b) Declaration of Keith A. Sipprelle in
Support; (c) [Proposed] Order]
20
21
Date: September 10, 2019
22 Time: 9:30 a.m.
Dept: 302
23
RESERVATION NO.: 08090910-01
24
25
Complaint Filed: May 28, 2019
26 Trial Date: None
27 AND RELATED CROSS-ACTION.
28
1
SIEMENS INDUSTRY, INC.’S NOTICE OF APPLICATION AND APPLICATION FOR ADMISSION OF
KRISTEN DENNISON TO THE BAR OF THIS COURT PRO HAC VICE
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, AND TO THE STATE
2 BAR OF CALIFORNIA:
3 PLEASE TAKE NOTICE that on September 10, 2019, at 9:30 a.m. or as soon thereafter as
4 the matter may be heard, in Department 302 of the above-entitled Court, located at 400 McAllister
5 Street, San Francisco California 94102, Keith A. Sipprelle, a member in good standing of the State
6 Bar of California, will present the verified application of Kristen Dennison to appear as counsel
7 pro hac vice on behalf of Defendant/Cross-Complainant Siemens Industry, Inc. (hereinafter
8 “Siemens”) in this action. Mr. Sipprelle and Siemens will and hereby do respectfully apply for an
9 Order authorizing Kristen Dennison to appear as counsel pro hac vice for Siemens in this matter.
10 This Application will be based upon this Notice of Application and Application, the
11 attached Memorandum of Points and Authorities, the Verified Application of Kristen Dennison
12 filed concurrently herewith, the supporting Declaration of Keith A. Sipprelle filed concurrently
13 herewith, all of papers and records on file with the Court in this action, on such matters as the
14 Court may judicially notice, and upon such other and further matters as the Court may consider in
15 connection with this Application.
16 DATED: August 13, 2019
Respectfully Submitted,
17
LITTLETON PARK JOYCE UGHETTA
18
& KELLY LLP
19
20 By:
21 Keith A. Sipprelle, Of Counsel
Attorneys for Defendant/Cross-Complainant
22 SIEMENS INDUSTRY, INC.
(erroneously named and served as “Siemens
23 Corporation”)
24
25
26
27
28
2
SIEMENS INDUSTRY, INC.’S NOTICE OF APPLICATION AND APPLICATION FOR ADMISSION OF
KRISTEN DENNISON TO THE BAR OF THIS COURT PRO HAC VICE
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION.
3
Plaintiff’s Complaint in this action asserts that Plaintiff Choi Ngor Li (“Plaintiff”) attempted
4
to board a San Francisco Municipal Transportation Agency train at the MUNI Metro Embarcadero
5
Station on April 12, 2019. Plaintiff’s Complaint alleges that “the train door suddenly and
6
unexpectedly closed on her hand, causing her to become trapped within the door,” causing her to
7
8 sustain personal injuries. Plaintiff brings claims for (1) Negligence; (2) Dangerous Condition of
9 Public Property; (3) Strict Liability – Manufacturing Defect; (4) Strict Liability – Design Defect;
10 and (5) Failure to Warn.
11
Siemens has retained attorney Kristen E. Dennison of Littleton Park Joyce Ughetta & Kelly
12
LLP to represent its interest in this case. Siemens respectfully requests that Ms. Dennison be granted
13
admission pro hac vice in order to assist Siemens in the defense of this action. If admitted pro hac
14
15 vice, Ms. Dennison will be associated and work closely with attorney Keith A. Sipprelle, a member
16 in good standing of the California Bar since 1989. (See verified application of Kristen E. Dennison
17 and Declaration of Keith A. Sipprelle submitted concurrently herewith.).
18 II. CALIFORNIA RULE OF COURT 9.40 AUTHORIZES THIS COURT TO
19
EXERCISE ITS DISCRETION TO PERMIT PRO HAC VICE ADMISSION.
20
In pertinent part, Rule 9.40(a) of the California Rules of Court states that:
21
A person who is not a member of the State Bar of California
22
but who is a member in good standing of and eligible to
23 practice before the bar of any United States court ..., and
who has been retained to appear in a particular case
24 pending in a court of this state, may in the discretion of such
court be permitted upon written application to appear as
25 counsel pro hac vice, provided that an active member of the
State Bar of California is associated as attorney of record.
26
27 In turn, subparts (c) – (d) of Rule 9.40 sets forth the requirements that must be met by such
28 out-of-state counsel when making the application:
3
SIEMENS INDUSTRY, INC.’S NOTICE OF APPLICATION AND APPLICATION FOR ADMISSION OF
KRISTEN DENNISON TO THE BAR OF THIS COURT PRO HAC VICE
1
A person desiring to appear as counsel pro hac vice in a
2 superior court must file with the court a verified application
together with proof of service . . . of a copy of the
3
application and of the notice of hearing of the application on
4 all parties who have appeared in the cause and on the State
Bar of California at its San Francisco office. The notice of
5 hearing must be given at the time prescribed in Code of Civil
Procedure section 1005 . . ..
6
The application must state: (1) The applicant’s residence and
7
office address; (2) The courts to which the applicant has
8 been admitted to practice and the dates of admission;
9 (3) That the applicant is a member in good standing in those
courts; (4) That the applicant is not currently suspended or
10 disbarred in any court; (5) The title of court and cause in
11 which the applicant has filed an application to appear as
counsel pro hac vice in this state in the preceding two years,
12 the date of each application, and whether or not it was
granted; and (6) The name, address, and telephone number
13 of the active member of the State Bar of California who is
attorney of record.
14
15 The moving papers herein satisfy all of the requirements of Rule 9.40, and no sound reason
16 exists to refuse Kristen E. Dennison’s application. (See Verified Application of Kristen E.
17 Dennison and supporting Declaration of Keith A. Sipprelle filed concurrently herewith.)
18 III. CONCLUSION
19
Siemens respectfully requests that this Application be granted, and that Kristen E.
20
Dennison be granted permission to appear as counsel pro hac vice on behalf of Siemens for all
21
//
22
23 //
24 //
25 //
26
//
27
28
4
SIEMENS INDUSTRY, INC.’S NOTICE OF APPLICATION AND APPLICATION FOR ADMISSION OF
KRISTEN DENNISON TO THE BAR OF THIS COURT PRO HAC VICE
1 purposes in this matter.
2 DATED: August 13, 2019
Respectfully Submitted,
3
LITTLETON PARK JOYCE UGHETTA & KELLY
4 LLP
5
6 By:
Keith A. Sipprelle, Of Counsel
7 Attorneys for Defendant/Cross-Complainant
8 SIEMENS INDUSTRY, INC.
(erroneously named and served as “Siemens
9 Corporation”)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
SIEMENS INDUSTRY, INC.’S NOTICE OF APPLICATION AND APPLICATION FOR ADMISSION OF
KRISTEN DENNISON TO THE BAR OF THIS COURT PRO HAC VICE
1 SERVICE LIST
2
Richard H. Schoenberger, Esq. Attys. for Plaintiff Choi Ngor Li
3 Matthew D. Davis, Esq.
4 Jeffrey A. Clause, Esq.
Walkup, Melodia, Kelly & Schoenberger
5 650 California Street, 26th Floor
San Francisco, CA 94108-2615
6 Phone: (415) 981-7210
Fax: (415) 391-6965
7 rschoenberger@walkuplawoffice.com
8 mdavis@walkuplawoffice.com
jclause@walkuplawoffice.com
9
10 Karen E. Kirby, Esq. Attys. for Def. City/Cty. of San Francisco
David A. Delbon, Esq.
11
Office of the San Francisco City Attorney
12 Fox Plaza
1390 Market Street, 6th Floor
13 San Francisco, CA 94102
Phone: 415-554-3891 (main)
14 Phone (Direct): (415) 554-3891 (Kirby)
15 Phone (Direct): (415) 554-3962 (Delbon)
Fax: (415) 554-3837
16 karen.kirby@sfcityatty.org
david.delbon@sfcityatty.org
17
18
Elise M. Balgley, Esq. Attys. for X-Ds Ultimate Transport./Ultimate Rail
19 Bernard, Balgley & Bonaccorsi, LLP
3900 NewPark Mall Road, Third Floor
20 Newark, California 94560-5242
Tel.: (510) 791-1888
21 Fax:(510) 791-8008
22 ebalgley@3blawfirm.com
23
State Bar of California
24 180 Howard St.
San Francisco, CA 94105
25
26
27
28
7
SIEMENS INDUSTRY, INC.’S NOTICE OF APPLICATION AND APPLICATION FOR ADMISSION OF
KRISTEN DENNISON TO THE BAR OF THIS COURT PRO HAC VICE