Preview
oem ey,
Neil M. Kliebenstein (#226060)
BOWMAN AND BROOKE LLP
1741 Technology Drive, Suite 200
San Jose, CA 95110-1364
Telephone: (408) 279-5393
Facsimile: (408) 279-5845
neil. kliebenstein@bowmanandbrooke.com FILED
Paul G. Cereghini (#148016)
ALAMEDA COUNTY
BOWMAN AND BROOKE LLP
2901 N. Central Avenue, Suite 1600
pus 06 2021
Phoenix, AZ 85012-2736 c LERK OF THE SUPERIOR COU
RT
Telephone: (602) 643-2300
By
Facsimile: (602) 248-0947
paul.cereghini@bowmanandbrooke.com
John W. Knottnerus (Pro Hac Vice)
Thomas Purcell (Pro Hac Vice)
10 MB Law Group
117 SW Taylor, Suite 200
11 Portland, OR 97204
Telephone: (503) 220-4287
12 Facsimile: (360) 606-6788
jknottnerus@mblglaw.com
13 tpurcell@mbliglaw.com
14 Attorneys for Defendants
Yamaha Motor Corporation, U.S.A.,
45 Yamaha Motor Manufacturing Corporation of America
Yamaha Motor Co., Ltd. and
16 East Bay Motorsports, Inc.
17 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
18 COUNTY OF ALAMEDA
19 HUNTER LENTHE and MYCALAH LENTHE, ) Case No. RG19034284
) Related to: Case No. HG19046425
20 Plaintiffs, )
) APPLICATION FOR AN ORDER ADMITTING
21 VS. ) JEFFREY C. WARREN TO APPEAR AS
) COUNSEL PRO HAC VICE; MEMORANDUM
22 YAMAHA MOTOR CORPORATION, USA, ) OF POINTS AND AUTHORITIES; VERIFIED
INC., YAMAHA MOTOR MANUFACTURING ) APPLICATION OF JEFFREY C. WARREN;
23 CORPORATION OF AMERICA, YAMAHA ) DECLARATION OF NEIL M. KLIEBENSTEIN;
MOTOR CO., LTD., EAST BAY ) [PROPOSED] ORDER
24 MOTORSPORTS, INC. and DOES ONE )
through ONE HUNDRED, ) Reservation No. R2282768V
25 )
Defendants. ) Date: November 3, 2021
26 ) Time: 9:00 a.m.
JEFFREY ZAPPER and JULIE ZAPPER, ) Dept.: 25
27 )
Plaintiffs, )Assigned to: Honorable James Reilly; Dept 25
28 2485764 1
APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO
HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY
C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER
et
VS.
et
ee
YAMAHA MOTOR CORPORATION, USA,
et
INC., YAMAHA MOTOR MANUFACTURING
ee
CORPORATION OF AMERICA, YAMAHA
et
MOTOR CO., LTD., EAST BAY
ee
MOTORSPORTS, INC. and DOES CNE
ee
through ONE HUNDRED,
ee
ee
Defendants.
ee
Nee
PLEASE TAKE NOTICE that on November 3, 2021, at 11:30 a.m. or as soon thereafter as
the matter may be heard, before the 4onorable James Reilly in Department 25 of the above-
10 referenced Court, located at 1221 Oak Street, Oakland, California 94612, counsel for Defendants
11 Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America Yamaha
12 Motor Co., Ltd. and East Bay Motorsports, Inc. (collectively “Yamaha Defendants”) and Jeffrey C.
13 Warren, hereby will and do submit th's Application to the Court for an Order admitting Jeffrey C.
14 Warren, of Bowman and Brooke LLP, to appear as counsel pro hac vice in this action.
15 This request is based on this Application, the following Memorandum of Points and
16 Authorities, the Verified Application of Jeffrey C. Warren, the Declaration of Neil M. Kliebenstein,
17 and any oral and documentary evidence as may be presented at the time of any hearing on this
18 Application.
19 Dated: August 6, 2021 BOWNMANQND Et
20 “
N
21 Neil M. Kliebenstein
Attorneys for Defendants
22 Yamaha Motor Corporation, U.S.A.,
Yamaha Motor Manufacturing Corporation of
23 America Yamaha Motor Co., Ltd. and
East Bay Motorsports, Inc.
24 |
25
26
27
28 2485764 2
APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO
HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY
C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
As demonstrated in the following Verified Application of Jeffrey C. Warren and the Declaration
of Neil M. Kliebenstein, attorney Jeffrey C. Warren satisfies the requirements for this Court tc admit
him to appear as counsel pro hac vice for Yamaha Motor Corporation, U.S.A., Yamaha Motor
Manufacturing Corporation of America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc.
(collectively “Yamaha Defendants”). Notice of this application with the appropriate fee has been sent
to the State Bar. (Decl. of Neil M. Kliebenstein J 4 and Exh. A.) ©
Il. CALIFORNIA RULES OF COURT, RULE 9.40 AUTHORIZES THIS COURT TO EXERCISE
10 ITS DISCRETION TO PERMIT JEFFREY C. WARREN TO APPEAR PRO HAC VICE
11 Rule 9.40(a) of the California Rules of Court states in pertinent part that:
12 A person who is not a member of the State Bar of California but
who is a member in good standing of and eligible to practice
13 before the bar of any United States court in any state...,and who
has been retained to appear in a particular cause pending ina
14 court of this state, may in the discretion of such court be permitted
upon written application to appear as counsel pro hac vice...
15
16 In turn, subpart (d) of Rule 9.40 sets forth the requirements that must be met by such out-of-
17 state counsel when making the application:
18 The application must state: (1) The applicant's residence and office address; (2) The courts to
19 which the applicant has been admitted to practice and the dates of admission; (3) That the applicant
20 is a licensee in good standing in those courts; (4) That the applicant is not currently suspended or
21 disbarred in any court; (5) The title of each court and cause in which the applicant has filed an
22 application to appear as counsel pro hac vice in this state in the preceding two years, the date of
23 each application, and whether or not it was granted: and (6) The name, address, and telephone
24 number of the active licensee of the State Bar of California who is attorney of record.
25 In the instant case, Jeffrey C. Warren is admitted to practice before the state and federal court
26 of Arizona, as well as the U.S. District Court of the Western District of Michigan and the U.S. Court of
27 Appeals for the Ninth Circuit. (Verified App. of Jeffrey C. Warren, {| 3). Mr. Warren is not a California:
28 2485764 1
APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO
HAC VICE, MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY
C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER
resident nor does he regularly engage in practice here. (Warren App. J 2) Mr. Warren will appear in
association with Neil M. Kliebenstein of Bowman and Brooke LLP, who is counsel of record for the
Yamaha Defendants and is an active member of the California State Bar.
It is respectfully submitted that Mr. Warren’s Application sets forth all of the requirements of
Rule 9.40, and that no sound reason exists to deny his Application.
Il. CONCLUSION
Based on the foregoing, it is respectfully submitted that this Application be approved and that
Jeffrey C. Warren be granted permission to appear as counsel pro hac vice on behalf of the Yamaha
Defendants for all purposes in this matter.
10 Dated: August 6, 2021 BOWNA
11 &
12 Neil M. Kliebenstein
Attorneys for Defendants
13 Yamaha Motor Corporation, U.S.A.,
Yamaha Motor Manufacturing Corporation of
14 America, Yamaha Motor Co., Ltd. and
East Bay Motorsports, Inc.
15
16
17
18
19
20
21
22
23
24
25
26
27
28 2485764 2
APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO
HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY
C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER
VERIFIED APPLICATION OF JEFFREY C. WARREN
FOR PERMISSION TO APPEAR AS COUNSEL PRO HAC VICE
|, Jeffrey C. Warren, declare that if called and sworn as a witness, | could and would
competently testify under oath as follows:
1. | reside at 4740 East Arroyo Verde Drive, Paradise Valley, Arizona 85253. | ama
Partner with the law firm of Bowman and Brooke LLP, located at 2901 N. Central Avenue, Suite 1600,
Phoenix, AZ 85012-2736.
2. | am not a resident of the State of California. Further, | am not regularly employed in
and | do not regularly engage in substantial business, professional or other activities in the State of
10 California.
11 3. | have been, and presently am, a member in good standing of the State Bar and
12 federal court of Arizona since 2001 (#021383), where | regularly practice law. | am also admitted to
13 practice before the U.S. District Court of the Western District of Michigan and the U.S. Court of |
14 Appeals for the Ninth Circuit.
15 4. | am a member in good standing and eligible to practice law in each of the Courts to
16 which | have been admitted to practice law.
17 5. | have never been suspended or disbarred in any Courts to which | have been -
18 admitted.
19 6. In the past two years, | have made no applications to appear as counsel pro hac vice
20 in the State of California.
21 7. | designate Neil M. Kliebenstein (#260600) of Bowman and Brooke LLP, whose
22 address is 1741 Technology Drive, Suite 200, San Jose, California 95110, and telephone number is
23 (408) 279-5393, as my local attorney designee. Neil M. Kliebenstein is an active member of the State
24 Bar of California in good standing and will continue to participate in this case as one of the attorneys
25 of record for Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of
26 America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc.
27 //1 |
28 2485764 1
APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO
HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY
C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER
i
| declare under penalty of perjury under the state laws of the State of California that the
foregoing is true and correct. Executed August 6, 2021, in Phoenix, Arizona.
Wo bo Li
/ / [/etrey C. Warren
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 2485764 2
APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO
HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY
C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER
DECLARATION OF NEIL M. KLIEBENSTEIN
|, Neil M. Kliebenstein, declare:
1. | am an attorney at law duly licensed to practice before the Courts in the State of
California (SBN 226060) and | am a Partner at the law firm of Bowman and Brooke LLP, attorneys of
record for Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America
Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc.
2. | have personal knowledge of each of the matters stated herein and if called upon to
testify to any of these matters, | can do so in a truthful and competent manner.
3. “Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of
10 America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc. has requested that attorney Jeffrey
11 C. Warren from Bowman and Brooke LLP appear as counsel pro hac vice.
12 4. Pursuant to California Rules of Court, Rule 9.40, on August 6, 2021 the applicaole fee
13 in the amount of $50.00 was paid to the State Bar of California. Attached as Exhibit A is a true and
14 correct copy of the receipt.
15 | declare under penalty of perjury that the foregoing is true and correct. Executed on August
16 6, 2021, at San Jose, California.
17
ce
18
~ Neil M. Kliebenstein
19
20
21
22
23
24
25
26
27
28 2485764 1
APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO
HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY
C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER
From:
To: Ann Scoleri
Subject: State Bar Of California* Payment Has Been Received
Date: Friday, August 6, 2021 9:28:02 AM
Dear Ann Scoleri,
Thank you for submitting your payment. It is currently being processed. Please allow 7 days
for the bank to verify and process the payment. If there are any issues with your payment,
you will be notified directly. A detailed breakdown of your transaction is below:
Application Type :
Service Fee : $1.25
Total Paid Amount : $ 51.25
Payment Date : 08/06/2021
Sincerely,
State Bar Of California*
180 Howard St.
San Francisco, CA 94105
US
Please do not reply to this message. This email is not regularly monitored.
State Bar Of California*, 180 Howard St., San Francisco, CA 94105, US
EXHIBIT A
Hunter Lenthe, et al. v. Yamaha Motor Corporation, USA, Inc., et al.
Case No. RG19034284
Jeffrey Zapper, et al. v. Yamaha Motor Corporation, USA, Inc., et al.
Case No. HG19046425
PROOF OF SERVICE
| am over 18 years of age, not a party to this action and employed in San Jose, California at
1741 Technology Drive, Suite 200, San Jose, California 95110-1355.
On August 6, 2021, | served the foregoing documents described as: APPLICATION FOR AN |
ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF NEIL M. KLIEBENSTEIN by
10 the means as follows:
11 Attorneys for Plaintiffs
Hunter Lenthe and Mycalah Lenthe
12 Richard H. Schoenberger
Andrew P. McDevitt
13 Walkup Melodia Kelly & Schoenberger
650 California Street, 26th Floor
14 San Francisco, CA 94108-2515
415.981.7210
15 Fax: 415. 391-6965
Assistant: Ashley Freeman
16 rschoenberger@walkuplawoffice.com
amcdevitt@walkuplawoffice.com
17 afreeman@walkuplawoffice.com
Imccombe@WalkupLawOffice.com
18
Larry E. Cook
19 Casper Meadows Schwartz & Cook
2121 N. California Blvd., Suite 1020
20 Walnut Creek, CA 94596
925.947.1147
21 Fax: 925.947.1131
Assistant: Shannon Bowers
22 cook@cmslaw.com
shannon@cmslaw.com
23
24 Hl
MTT
25
Hil
26
Mtl
27
Hil
28
Mtl
Attorneys for Plaintiffs
Jeffrey Zapper and Julie Zapper
Robert E. Cartwright, Jr.
Andrew Ratto
The Cartwright Law Firm, Inc.
222 Front Street, Fifth Floor
San Francisco, CA 94111
Vicki Rungo;
Rebekka Moore
rob@cartwrightlaw.com
Andrew@cartwrightlaw.com
vicki@cartwrightlaw.com
rebekka@cartwrightlaw.com
___. VIA FIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose,
California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the
firm's business practice for collection and processing of correspondence for mailing with the United
States Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the
ordinary course of business. | am aware that on motion of the party served, service is presumed
10 invalid if the postal cancellation date or postage meter date is more than one day after the date of
deposit for mailing in affidavit.
11
___ VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly
12 labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel
Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the
13 express service carrier to receive documents, in an envelope or a package designated by the
express service carrier with delivery fees paid or provided for, addressed to the person on
14 whom it is to be served, at the office address as last given by that person on any document filed
in the case and served on that person; otherwise, at that person's place of residence.
15
X__ ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the
16 persons at the e-mail address(es) listed above based on stipulation between the parties on
March 12, 2020 and March 13, 2020, during the Coronavirus (Covid-19) pandemic, this office is
17 working remotely, unable to send physical mail, and is therefore only using electronic mail. No
electronic message or other indication that the transmission was unsuccessful was received
18 within a reasonable time after the transmission. .
19 __ VIA FACSIMILE TRANSMISSION. The document was served on the above party in
this action by causing a true copy of said document to be transmitted by facsimile to the number
20 listed adjacent to the name on this Proof of Service. The transmission was reported as
complete and without error.
21
VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date
22 the
to offices of the addressee(s).
23 | declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this declaration was executed on August 6, 2021, at San Jose,
24 California.
25
26
27
28
Preview
oem ey, Neil M. Kliebenstein (#226060) BOWMAN AND BROOKE LLP 1741 Technology Drive, Suite 200 San Jose, CA 95110-1364 Telephone: (408) 279-5393 Facsimile: (408) 279-5845 neil. kliebenstein@bowmanandbrooke.com FILED Paul G. Cereghini (#148016) ALAMEDA COUNTY BOWMAN AND BROOKE LLP 2901 N. Central Avenue, Suite 1600 pus 06 2021 Phoenix, AZ 85012-2736 c LERK OF THE SUPERIOR COU RT Telephone: (602) 643-2300 By Facsimile: (602) 248-0947 paul.cereghini@bowmanandbrooke.com John W. Knottnerus (Pro Hac Vice) Thomas Purcell (Pro Hac Vice) 10 MB Law Group 117 SW Taylor, Suite 200 11 Portland, OR 97204 Telephone: (503) 220-4287 12 Facsimile: (360) 606-6788 jknottnerus@mblglaw.com 13 tpurcell@mbliglaw.com 14 Attorneys for Defendants Yamaha Motor Corporation, U.S.A., 45 Yamaha Motor Manufacturing Corporation of America Yamaha Motor Co., Ltd. and 16 East Bay Motorsports, Inc. 17 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 18 COUNTY OF ALAMEDA 19 HUNTER LENTHE and MYCALAH LENTHE, ) Case No. RG19034284 ) Related to: Case No. HG19046425 20 Plaintiffs, ) ) APPLICATION FOR AN ORDER ADMITTING 21 VS. ) JEFFREY C. WARREN TO APPEAR AS ) COUNSEL PRO HAC VICE; MEMORANDUM 22 YAMAHA MOTOR CORPORATION, USA, ) OF POINTS AND AUTHORITIES; VERIFIED INC., YAMAHA MOTOR MANUFACTURING ) APPLICATION OF JEFFREY C. WARREN; 23 CORPORATION OF AMERICA, YAMAHA ) DECLARATION OF NEIL M. KLIEBENSTEIN; MOTOR CO., LTD., EAST BAY ) [PROPOSED] ORDER 24 MOTORSPORTS, INC. and DOES ONE ) through ONE HUNDRED, ) Reservation No. R2282768V 25 ) Defendants. ) Date: November 3, 2021 26 ) Time: 9:00 a.m. JEFFREY ZAPPER and JULIE ZAPPER, ) Dept.: 25 27 ) Plaintiffs, )Assigned to: Honorable James Reilly; Dept 25 28 2485764 1 APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER et VS. et ee YAMAHA MOTOR CORPORATION, USA, et INC., YAMAHA MOTOR MANUFACTURING ee CORPORATION OF AMERICA, YAMAHA et MOTOR CO., LTD., EAST BAY ee MOTORSPORTS, INC. and DOES CNE ee through ONE HUNDRED, ee ee Defendants. ee Nee PLEASE TAKE NOTICE that on November 3, 2021, at 11:30 a.m. or as soon thereafter as the matter may be heard, before the 4onorable James Reilly in Department 25 of the above- 10 referenced Court, located at 1221 Oak Street, Oakland, California 94612, counsel for Defendants 11 Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America Yamaha 12 Motor Co., Ltd. and East Bay Motorsports, Inc. (collectively “Yamaha Defendants”) and Jeffrey C. 13 Warren, hereby will and do submit th's Application to the Court for an Order admitting Jeffrey C. 14 Warren, of Bowman and Brooke LLP, to appear as counsel pro hac vice in this action. 15 This request is based on this Application, the following Memorandum of Points and 16 Authorities, the Verified Application of Jeffrey C. Warren, the Declaration of Neil M. Kliebenstein, 17 and any oral and documentary evidence as may be presented at the time of any hearing on this 18 Application. 19 Dated: August 6, 2021 BOWNMANQND Et 20 “ N 21 Neil M. Kliebenstein Attorneys for Defendants 22 Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of 23 America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc. 24 | 25 26 27 28 2485764 2 APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION As demonstrated in the following Verified Application of Jeffrey C. Warren and the Declaration of Neil M. Kliebenstein, attorney Jeffrey C. Warren satisfies the requirements for this Court tc admit him to appear as counsel pro hac vice for Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc. (collectively “Yamaha Defendants”). Notice of this application with the appropriate fee has been sent to the State Bar. (Decl. of Neil M. Kliebenstein J 4 and Exh. A.) © Il. CALIFORNIA RULES OF COURT, RULE 9.40 AUTHORIZES THIS COURT TO EXERCISE 10 ITS DISCRETION TO PERMIT JEFFREY C. WARREN TO APPEAR PRO HAC VICE 11 Rule 9.40(a) of the California Rules of Court states in pertinent part that: 12 A person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice 13 before the bar of any United States court in any state...,and who has been retained to appear in a particular cause pending ina 14 court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice... 15 16 In turn, subpart (d) of Rule 9.40 sets forth the requirements that must be met by such out-of- 17 state counsel when making the application: 18 The application must state: (1) The applicant's residence and office address; (2) The courts to 19 which the applicant has been admitted to practice and the dates of admission; (3) That the applicant 20 is a licensee in good standing in those courts; (4) That the applicant is not currently suspended or 21 disbarred in any court; (5) The title of each court and cause in which the applicant has filed an 22 application to appear as counsel pro hac vice in this state in the preceding two years, the date of 23 each application, and whether or not it was granted: and (6) The name, address, and telephone 24 number of the active licensee of the State Bar of California who is attorney of record. 25 In the instant case, Jeffrey C. Warren is admitted to practice before the state and federal court 26 of Arizona, as well as the U.S. District Court of the Western District of Michigan and the U.S. Court of 27 Appeals for the Ninth Circuit. (Verified App. of Jeffrey C. Warren, {| 3). Mr. Warren is not a California: 28 2485764 1 APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE, MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER resident nor does he regularly engage in practice here. (Warren App. J 2) Mr. Warren will appear in association with Neil M. Kliebenstein of Bowman and Brooke LLP, who is counsel of record for the Yamaha Defendants and is an active member of the California State Bar. It is respectfully submitted that Mr. Warren’s Application sets forth all of the requirements of Rule 9.40, and that no sound reason exists to deny his Application. Il. CONCLUSION Based on the foregoing, it is respectfully submitted that this Application be approved and that Jeffrey C. Warren be granted permission to appear as counsel pro hac vice on behalf of the Yamaha Defendants for all purposes in this matter. 10 Dated: August 6, 2021 BOWNA 11 & 12 Neil M. Kliebenstein Attorneys for Defendants 13 Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of 14 America, Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2485764 2 APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER VERIFIED APPLICATION OF JEFFREY C. WARREN FOR PERMISSION TO APPEAR AS COUNSEL PRO HAC VICE |, Jeffrey C. Warren, declare that if called and sworn as a witness, | could and would competently testify under oath as follows: 1. | reside at 4740 East Arroyo Verde Drive, Paradise Valley, Arizona 85253. | ama Partner with the law firm of Bowman and Brooke LLP, located at 2901 N. Central Avenue, Suite 1600, Phoenix, AZ 85012-2736. 2. | am not a resident of the State of California. Further, | am not regularly employed in and | do not regularly engage in substantial business, professional or other activities in the State of 10 California. 11 3. | have been, and presently am, a member in good standing of the State Bar and 12 federal court of Arizona since 2001 (#021383), where | regularly practice law. | am also admitted to 13 practice before the U.S. District Court of the Western District of Michigan and the U.S. Court of | 14 Appeals for the Ninth Circuit. 15 4. | am a member in good standing and eligible to practice law in each of the Courts to 16 which | have been admitted to practice law. 17 5. | have never been suspended or disbarred in any Courts to which | have been - 18 admitted. 19 6. In the past two years, | have made no applications to appear as counsel pro hac vice 20 in the State of California. 21 7. | designate Neil M. Kliebenstein (#260600) of Bowman and Brooke LLP, whose 22 address is 1741 Technology Drive, Suite 200, San Jose, California 95110, and telephone number is 23 (408) 279-5393, as my local attorney designee. Neil M. Kliebenstein is an active member of the State 24 Bar of California in good standing and will continue to participate in this case as one of the attorneys 25 of record for Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of 26 America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc. 27 //1 | 28 2485764 1 APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER i | declare under penalty of perjury under the state laws of the State of California that the foregoing is true and correct. Executed August 6, 2021, in Phoenix, Arizona. Wo bo Li / / [/etrey C. Warren 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2485764 2 APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER DECLARATION OF NEIL M. KLIEBENSTEIN |, Neil M. Kliebenstein, declare: 1. | am an attorney at law duly licensed to practice before the Courts in the State of California (SBN 226060) and | am a Partner at the law firm of Bowman and Brooke LLP, attorneys of record for Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc. 2. | have personal knowledge of each of the matters stated herein and if called upon to testify to any of these matters, | can do so in a truthful and competent manner. 3. “Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of 10 America Yamaha Motor Co., Ltd. and East Bay Motorsports, Inc. has requested that attorney Jeffrey 11 C. Warren from Bowman and Brooke LLP appear as counsel pro hac vice. 12 4. Pursuant to California Rules of Court, Rule 9.40, on August 6, 2021 the applicaole fee 13 in the amount of $50.00 was paid to the State Bar of California. Attached as Exhibit A is a true and 14 correct copy of the receipt. 15 | declare under penalty of perjury that the foregoing is true and correct. Executed on August 16 6, 2021, at San Jose, California. 17 ce 18 ~ Neil M. Kliebenstein 19 20 21 22 23 24 25 26 27 28 2485764 1 APPLICATION FOR AN ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF JEFFREY C. WARREN; DECLARATION OF NEIL M. KLIEBENSTEIN; [PROPOSED] ORDER From: To: Ann Scoleri Subject: State Bar Of California* Payment Has Been Received Date: Friday, August 6, 2021 9:28:02 AM Dear Ann Scoleri, Thank you for submitting your payment. It is currently being processed. Please allow 7 days for the bank to verify and process the payment. If there are any issues with your payment, you will be notified directly. A detailed breakdown of your transaction is below: Application Type : Service Fee : $1.25 Total Paid Amount : $ 51.25 Payment Date : 08/06/2021 Sincerely, State Bar Of California* 180 Howard St. San Francisco, CA 94105 US Please do not reply to this message. This email is not regularly monitored. State Bar Of California*, 180 Howard St., San Francisco, CA 94105, US EXHIBIT A Hunter Lenthe, et al. v. Yamaha Motor Corporation, USA, Inc., et al. Case No. RG19034284 Jeffrey Zapper, et al. v. Yamaha Motor Corporation, USA, Inc., et al. Case No. HG19046425 PROOF OF SERVICE | am over 18 years of age, not a party to this action and employed in San Jose, California at 1741 Technology Drive, Suite 200, San Jose, California 95110-1355. On August 6, 2021, | served the foregoing documents described as: APPLICATION FOR AN | ORDER ADMITTING JEFFREY C. WARREN TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF NEIL M. KLIEBENSTEIN by 10 the means as follows: 11 Attorneys for Plaintiffs Hunter Lenthe and Mycalah Lenthe 12 Richard H. Schoenberger Andrew P. McDevitt 13 Walkup Melodia Kelly & Schoenberger 650 California Street, 26th Floor 14 San Francisco, CA 94108-2515 415.981.7210 15 Fax: 415. 391-6965 Assistant: Ashley Freeman 16 rschoenberger@walkuplawoffice.com amcdevitt@walkuplawoffice.com 17 afreeman@walkuplawoffice.com Imccombe@WalkupLawOffice.com 18 Larry E. Cook 19 Casper Meadows Schwartz & Cook 2121 N. California Blvd., Suite 1020 20 Walnut Creek, CA 94596 925.947.1147 21 Fax: 925.947.1131 Assistant: Shannon Bowers 22 cook@cmslaw.com shannon@cmslaw.com 23 24 Hl MTT 25 Hil 26 Mtl 27 Hil 28 Mtl Attorneys for Plaintiffs Jeffrey Zapper and Julie Zapper Robert E. Cartwright, Jr. Andrew Ratto The Cartwright Law Firm, Inc. 222 Front Street, Fifth Floor San Francisco, CA 94111 Vicki Rungo; Rebekka Moore rob@cartwrightlaw.com Andrew@cartwrightlaw.com vicki@cartwrightlaw.com rebekka@cartwrightlaw.com ___. VIA FIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose, California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the firm's business practice for collection and processing of correspondence for mailing with the United States Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the ordinary course of business. | am aware that on motion of the party served, service is presumed 10 invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. 11 ___ VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly 12 labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the 13 express service carrier to receive documents, in an envelope or a package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on 14 whom it is to be served, at the office address as last given by that person on any document filed in the case and served on that person; otherwise, at that person's place of residence. 15 X__ ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the 16 persons at the e-mail address(es) listed above based on stipulation between the parties on March 12, 2020 and March 13, 2020, during the Coronavirus (Covid-19) pandemic, this office is 17 working remotely, unable to send physical mail, and is therefore only using electronic mail. No electronic message or other indication that the transmission was unsuccessful was received 18 within a reasonable time after the transmission. . 19 __ VIA FACSIMILE TRANSMISSION. The document was served on the above party in this action by causing a true copy of said document to be transmitted by facsimile to the number 20 listed adjacent to the name on this Proof of Service. The transmission was reported as complete and without error. 21 VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date 22 the to offices of the addressee(s). 23 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on August 6, 2021, at San Jose, 24 California. 25 26 27 28