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Daniel P. Schrader (State Bar No. 145670)
dschrader@mgmlaw.com
Mary Katherine Back (State Bar No. 234021)
mback@memlaw.com F | [ F D
Kyle J. Clawson (State Bar No. 303682)
kclawson@mgmlaw.com ALAMEDA COUNTY,
MANNING GROSS + MASSENBURG LLP 18
200 Spear Street, 18" Floor SEP 2029
FAXED
San Francisco, CA 94105 ea,
Tel: (415) 512-4381 cLERKOF THE SUPER
Fax: (415) 512-679] "y ~~
Attorneys for Defendant
EAST BAY MOTORSPORTS. INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA
GROSS + MASSENBLIRG LLP
HUNTER LENTHE and MYCALAH Case No. RG19034284
LENTHE, Hon. James Reilly, Dept. 25
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Plaintiffs, APPLICATION FOR AN ORDER
14 ADMITTING CHRISTOPHER RUSEK
V. TO APPEAR AS COUNSEL PRO HAC
15 VICE; MEMORANDUM OF POINTS
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YAMAHA MOTOR CORPORATION, USA, AND AUTHORITIES; VERIFIED
INC., YAMAHA MOTOR APPLICATION OF CHRISTOPHER
MANUFACTURING CORPORATION OF RUSEK; DECLARATION OF KYLE
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17 AMERICA, YAMAHA MOTOR CO., LTD., CLAWSON
EAST BAY MOTORSPORTS, INC. and
18 DOES ONE through ONE HUNDERED, Date: October 14, 2020
Time: 9:00 a.m.
19 Defendants. Dept.: 25
20 Reservation ID: R-2205849
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Complaint Filed: September 9. 2019
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24 PLEASE TAKE NOTICE that on October 14, 2020, at 9:00 a.m. or as soon thereafter as
25 the matter may be heard, before the Honorable James Reilly in Department 25 of the above-
26 referenced Court, located at 1221 Oak Street, Oakland, California 94612, counsel for Defendant
27 East Bay Motorsports. Inc. hereby will and does submit this Application to the Court for an Order
28 admitting Mr. Christopher Rusek to appear as counsel pro hac vice in this action.
APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
Good cause exists to grant the relief sought as Defendant East Bay Motorsports. Inc. has
requested Mr. Rusek to appear as counsel pro hac vice to assist with the defense of this matter,
Mr. Rusek is qualified to be admitted pro hac vice, and Mr. Rusek’s Verified Application satisfies
all the requirements of California Rules of Court, rule 9.40.
This request is based on this Application, the following Memorandum of Points and
Authorities, the Verified Application of Christopher Rusek, the Declaration of Kyle Clawson, and
any oral and documentary evidence as may be presented at the time of any hearing on this
Application,
DATED: September 18, 2020 ' MANNING GROSS + MASSENBURG LLP
LLP
GRoss + MASSENBURG
LAW OFFICES OF
Daniel P. Schrader
Mary K. Back
Kyle J. Clawson
Attorneys for Defendant
EAST BAY MOTORSPORTS. INC.
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APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
| MEMORANDUM OF POINTS AND AUTHORITIES
2 || I. INTRODUCTION |
3 As demonstrated in the following Verified Application of Christopher Rusek and the
4 || Declaration of Kyle Clawson, attorney Christopher Rusek satisfies the requirements for this Court
5 |} to admit him to appear as counsel pro hac vice for Defendant East Bay Motorsports, Inc.
6 || “Defendant” or “East Bay Motorsports”).
7 Good cause exists to admit Mr. Rusek pro hac vice as Defendant East Bay Motorsports,
8 || Inc. has requested Mr. Rusek to appear as counsel pro hac vice to assist with the defense of this
9 || matter, Mr. Rusek is qualified to be admitted pro hac vice, and Mr. Rusek’s Verified Application
10 || satisfies all the requirements of California Rules of Court, rule 9.40.
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HH Notice of this application with the appropriate fee has been sent to the State Bar.
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12 || (Declaration of Kyle Clawson in Support of Application for An Order Permitting Christopher
13 || Rusek to Appear as Counsel Pro Hac Vice (“Clawson Decl.”), at | 4; Exhibit A to the Clawson
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14 || Decl.)
15 || HW. CALIFORNIA RULES OF COURT, RULE 9.40 AUTHORIZES THIS COURT TO
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EXERICSE ITS DISCRETION TO PERMIT CHRISTOPHER RUSEK TO APPEAR
16 PRO HAC VICE
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17 This Court has the authority to admit Christopher Rusek as counsel pro hac vice. Rule
18 || 9.40(a) of the California Rules of Court states in pertinent part that:
19 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 before the bar of any United States
20 court in any state..., and who has been retained to appear in a particular cause
pending in a court of this state, may in the discretion of such court be permitted
21 upon written application to appear as counsel pro hac vice...
22 In turn, subdivision (d) of rule 9.40 sets forth the requirements that must be met by such
23 || out-of-state counsel when making the application. The application must state:
24 (1) The applicant's residence and office address;
25 (2) The courts to which the applicant has been admitted to practice and the dates of
26 || admission;
27 (3) That the applicant is a licensee in good standing in those courts;
28 (4) That the applicant is not currently suspended or disbarred in any court;
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APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
(5) The title of each court and cause in which the applicant has filed an application to
appear as counsel pro hac vice in this state in the preceding two years, the date of each application,
and whether or not it was granted; and
(6) The name, address, and telephone number of the active licensee of the State Bar of
California who is attorney of record.
Subdivision (e) of rule 9.40 requires the applicant to pay a reasonable fee to the State Bar
of California, and that the State Bar be served with a copy of the application.
In the instant case, Christopher Rusek is admitted to practice before the state and certain
federal courts of Texas. (Verified Application of Christopher Rusek, at 93.) Mr. Rusek is in good
10 standing in these courts and is not currently suspended or disbarred in any court. (/a. at J§ 4, 5.)
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I Mr. Rusek is not a California resident nor does he regularly engage in the practice of law in
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California. (/d. at 4] 2.) Mr. Rusek will appear in association with Daniel Schrader, Mary Back,
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and Kyle Clawson of Manning Gross + Massenburg LLP, located at 201 Spear Street, 18'" Floor,
14 San Francisco, CA 94105, who are counsel of record for East Bay Motorsports and are active
15 members of the California State Bar.
16 In addition, all procedural requirements of rule 9.40 have been met, including serving
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17 proper notice of this application on all parties, submission of this application with the required
18 fees to the State Bar of California.
19 It is respectfully submitted that Mr. Rusek’s Applications sets forth all of the requirements
20 of Rule 9.40, and that no sound reason exists to deny his Application.
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APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
Il. CONCLUSION
Based on the foregoing, it is respectfully submitted that this Application be approved and
that Mr. Christopher Rusek be granted permission to appear as counsel pro hac vice on behalf of
the East Bay Motorsports for all purposes in this matter.
DATED: September 18, 2020 MANNING GROSS + MASSENBURG LLP
By: 3 ee “
Daniel P. Schrader
Mary K. Back
Kyle J. Clawson
Attorneys for Defendant
EAST BAY MOTORSPORTS. INC.
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GROSS + MASSENBURG
LAW OFFICES OF
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APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
VERIFIED APPLICATION OF CHRISTOPHER RUSEK
FOR PERMISSION TO APPEAR AS COUNSEL PRO HAC VICE
I, Christopher Rusek, declare that if called and sworn as a witness, ] could and would
competently testify under oath as follows:
I. | reside in Dallas, Texas. | am an attorney with the Rodriguez Law Firm, which
has one office with a total of six attorneys located at 1700 Pacific Avenue, Suite 3850, Dallas,
TX 75201.
2. | am not a resident of the State of California. Further, | am not regularly employed
in and I do not regularly engage in substantial business. professional or other activities in the
State of California.
3, | have been, and presently am, a member in good standing of the State Bar of
Texas (Texas State Bar Number 24076661) since 2011 where | regularly practice law. I am also
admitted to practice before the United States District Courts of the Northern (since 2011) and
Eastern Districts of Texas (since 2012). Attached hereto as Exhibit A is a true and correct copy
of my certificate of membership and good standing with the State Bar of Texas.
4. 1am a member in good standing and eligible to practice law in each of the Courts
to which | have been admitted to practice law.
5. I have never been suspended or disbarred in any Courts to which I have been
admitted.
6. In the past two years, | have made no applications to appear as counsel pro hac
vice in the State of California.
7. I designate Daniel Schrader (California State Bar Number 145670), Mary
Katherine Back (California State Bar Number 234021), and Kyle Clawson (California State Bar
Number 3030682) of Manning Gross + Massenburg, located at 201 Spear Street, 18'" Floor, San
Francisco, California 94105, and telephone number is (415) 512-4381, as my local attorney
designees. Daniel Schrader, Mary Katherine Back, and Kyle Clawson are active members of the
State Bar of California in good standing and will continue to participate in this case as attorneys
of record for Defendant East Bay Motorsports, Inc.
] declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on 4-15-20 , at Dalla $) Texas ;
LS Christopher Rusek
Rodriguez Law Firm
DECLARATION OF KYLE CLAWSON
I, Kyle Clawson, declare:
l. | am an attorney at law duly licensed to practice before the Courts in the State of
California (California State Bar Number 303682) and | am an associate at the law firm of
Manning Gross + Massenburg LLP, attorneys of record for Defendant 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. Defendant East Bay Motorsports, Inc. has requested that attorney Christopher
Rusek from the Rodriguez Law Firm in Dajlas, TX be admitted to appear as counsel pro hac vice.
4. Pursuant to California Rules of Court, Rule 9.40, on Friday, September 18, 2020,
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copies of Christopher Rusek’s Verified Applications were sent with the applicable fee in the
GROSS + MASSENBURG
amount of $50.00 each to the State Bar of California. Attached as Exhibit A is a true and correct
LAW OFFICESOF
copy of these correspondences.
5. Attached as Exhibit B is a true and correct copy of the Christopher Rusek’s
certificate of license and good standing with the State Bar of Texas.
! declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct. Executed on September 18, 2020, at San Francisco, California.
Kyle Clawson
Manning Gross + Massenburg LLP
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APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
EXHIBIT A
MGI
201 Spear Street, 18th Floor
San Francisco, CA 94105
Kyle J. Clawson
Associate
415 512 4381 main Direct Dial: 415 512 4381
415 512 6791 fox Direct Fax: 415 512 6791
www.mgmiaw.com E-mail: KClawson@mgmlaw.com
Admitted In: CA
September 18, 2020
By Messenger
Attn: Admissions
State Bar of California
181 Howard Street\
San Francisco, CA 94111
RE: — Lenthe v. Yamaha, et al. — Alameda Superior Court, RG10034284
Pro Hac Vice Application — Christopher Rusek
Dear Clerk:
Enclosed please find the following documents for the State Bar’s filing:
Defendant East Bay Motorsports, Inc.’s Application for Order Admitting Adolfo “J.R.”
Rodriguez, Jr. To Appear As Counsel Pro Hac Vice; Memorandum of Points and Authorities;
Verified Application of Christopher Rusek; Declaration of Kyle Clawson; [Proposed] Order
Granting Defendant East Bay Motorsports, Inc.’s Application For Order Admitting Christopher
Rusek to Appear As Counsel Pro Hac Vice.
Also enclosed is a check in the amount of $50.00 for the required Pro Hae Vice
Application fee in accordance with California Rules of Court, rule 9.40, subdivision (e). Thank
you for your assistance.
Sincerely,
Kyle J. Clawson
Manning Gross + Massenburg LLP
(415) 527-2812
kclawson@mgmlaw.com
Enclosure
Manning Gross + Massenburg LLP
Goster | Chicana | Matiesburg firvine “Lake Charles LosAngeles Ma “On CourntyAL Lois
Miami i tev Orleans : Mew York - Prowdence i San Francine regk , Wilmington
EXHIBIT B
STATE BAR OF TEXAS
Office of the Chief Disciplinary Counsel
September 02, 2020
Re: Mr. Christopher Kelley Rusek, State Bar Number 24076661
To Whom It May Concern:
This is to certify that Mr. Christopher Kelley Rusek was licensed to practice law in Texas on May 06,
2011, and is an active member in good standing with the State Bar of Texas. "Good standing" means
that the attorney is current on payment of Bar dues; has met Minimum Continuing Legal Education
requirements; and is not presently under either administrative or disciplinary suspension from the
practice of law.
This certification expires 30 days from the date, unless sooner revoked or rendered invalid by
operation of rule or law.
Sincerely,
Seana Willing
Chief Disciplinary Counsel
SW/web
P.O. BOX 12487, CAPITOL STATION, AUSTIN, TEXAS 78711-2487, 512.427.1350; FAX: 512.427.4167
PROOF OF SERVICE
Hunter & Mycalah Lenthe v. Yamaha Motor Corporation, USA, Inc., et al.
Alameda County Superior Court, Case No. RG19034284
1, the undersigned, declare and state:
That | am employed in the County of San Francisco, State of California. | am over the age
of eighteen (18) and not a party to the within action; my business address is 201 Spear Street, 18th
Floor, San Francisco, California 94105.
On September 18, 2020, | served the following document described as:
APPLICATION FOR AN ORDER ADMITTING CHRISTOPHER RUSEK TO
APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION OF CHRISTOPHER RUSEK;
DECLARATION OF KYLE CLAWSON
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on the interested parties in this action as follows:
GROSS + MASSENBURG
Richard H. Schoenberger, Esq. Larry E. Cook, Esq.
Andrew P. McDevitt, Esq. CASPER, MEADOWS, SCHWARTZ &
LAW OFFICES OF
WALKUP, MELODIA, KELLY & COOK
SCHOENBERGER 2121 N. California Boulevard, Suite 1020
650 California Street, 26" Floor Walnut Creek, CA 94596
San Francisco, CA 94108-2615 T: (925) 947-1147
T: (408) 279-5393 F: (925) 947-1131
F: (408) 279-5845 lcook@cmslaw.com
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rschoenberger@walkuplawoffice.com Co-Counsel
for Plaintiffs
amcedevitt@walkuplawoffice.com Hunter Lenthe & Mycalah Lenthe
Attorney for Plaintiffs
Hunter Lenthe & Mycalah Lenthe
Neil Kliebenstein, Esq. Via Hand Delivery
Chancellor W. Tseng, Esq. State Bar of California
BOWMAN AND BROOKE LLP 180 Howard St.
21 1741 Technology Drive, Suite 200 San Francisco, CA 94105
San Jose, CA 95110-1364 415-538-2000
22
T: (408) 279-5393
23 F: (408) 279-5845
neil. kliebenstein@bowmanandbrooke.com
24 Attorneysfor Defendants
YAMAHA MOTOR CORPORATION USA,
25 INC.; YAMAHA MOTOR
MANUFACTURING CORPORATION OF
26 AMERICA; and YAMAHA MOTOR CO,,
LTD.
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APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
xX BY ELECTRONIC SERVICE as follows: | electronically served a true copy of the
document(s) identified above to the email address(es) designated. Electronic service is ordered by
Judicial Counsel under Emergency Rule 12 (https://www.courts.ca.gov/documents/appendix-i.pdf)
Xx] BY MESSENGER SERVICE [AS TO THE STATE BAR ONLY] | served the documents
by placing them in an envelope or package addressed to the respective address(es) of the party(ies)
stated above and providing them to a professional messenger service for service.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on September 18, 2020, in San Francisco,
California. Y y
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Melissa Estus
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APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND
AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON
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ANE .__ _ 22736023 ® @ Daniel P. Schrader (State Bar No. 145670) dschrader@mgmlaw.com Mary Katherine Back (State Bar No. 234021) mback@memlaw.com F | [ F D Kyle J. Clawson (State Bar No. 303682) kclawson@mgmlaw.com ALAMEDA COUNTY, MANNING GROSS + MASSENBURG LLP 18 200 Spear Street, 18" Floor SEP 2029 FAXED San Francisco, CA 94105 ea, Tel: (415) 512-4381 cLERKOF THE SUPER Fax: (415) 512-679] "y ~~ Attorneys for Defendant EAST BAY MOTORSPORTS. INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA GROSS + MASSENBLIRG LLP HUNTER LENTHE and MYCALAH Case No. RG19034284 LENTHE, Hon. James Reilly, Dept. 25 OFFICES OF 13 Plaintiffs, APPLICATION FOR AN ORDER 14 ADMITTING CHRISTOPHER RUSEK V. TO APPEAR AS COUNSEL PRO HAC 15 VICE; MEMORANDUM OF POINTS LAW YAMAHA MOTOR CORPORATION, USA, AND AUTHORITIES; VERIFIED INC., YAMAHA MOTOR APPLICATION OF CHRISTOPHER MANUFACTURING CORPORATION OF RUSEK; DECLARATION OF KYLE MANNING 17 AMERICA, YAMAHA MOTOR CO., LTD., CLAWSON EAST BAY MOTORSPORTS, INC. and 18 DOES ONE through ONE HUNDERED, Date: October 14, 2020 Time: 9:00 a.m. 19 Defendants. Dept.: 25 20 Reservation ID: R-2205849 21 22 Complaint Filed: September 9. 2019 23. 24 PLEASE TAKE NOTICE that on October 14, 2020, at 9:00 a.m. or as soon thereafter as 25 the matter may be heard, before the Honorable James Reilly in Department 25 of the above- 26 referenced Court, located at 1221 Oak Street, Oakland, California 94612, counsel for Defendant 27 East Bay Motorsports. Inc. hereby will and does submit this Application to the Court for an Order 28 admitting Mr. Christopher Rusek to appear as counsel pro hac vice in this action. APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON Good cause exists to grant the relief sought as Defendant East Bay Motorsports. Inc. has requested Mr. Rusek to appear as counsel pro hac vice to assist with the defense of this matter, Mr. Rusek is qualified to be admitted pro hac vice, and Mr. Rusek’s Verified Application satisfies all the requirements of California Rules of Court, rule 9.40. This request is based on this Application, the following Memorandum of Points and Authorities, the Verified Application of Christopher Rusek, the Declaration of Kyle Clawson, and any oral and documentary evidence as may be presented at the time of any hearing on this Application, DATED: September 18, 2020 ' MANNING GROSS + MASSENBURG LLP LLP GRoss + MASSENBURG LAW OFFICES OF Daniel P. Schrader Mary K. Back Kyle J. Clawson Attorneys for Defendant EAST BAY MOTORSPORTS. INC. MANNING 22 23 24 25 26 27 28 -2- APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON | MEMORANDUM OF POINTS AND AUTHORITIES 2 || I. INTRODUCTION | 3 As demonstrated in the following Verified Application of Christopher Rusek and the 4 || Declaration of Kyle Clawson, attorney Christopher Rusek satisfies the requirements for this Court 5 |} to admit him to appear as counsel pro hac vice for Defendant East Bay Motorsports, Inc. 6 || “Defendant” or “East Bay Motorsports”). 7 Good cause exists to admit Mr. Rusek pro hac vice as Defendant East Bay Motorsports, 8 || Inc. has requested Mr. Rusek to appear as counsel pro hac vice to assist with the defense of this 9 || matter, Mr. Rusek is qualified to be admitted pro hac vice, and Mr. Rusek’s Verified Application 10 || satisfies all the requirements of California Rules of Court, rule 9.40. LLP HH Notice of this application with the appropriate fee has been sent to the State Bar. + MASSENBURG; 12 || (Declaration of Kyle Clawson in Support of Application for An Order Permitting Christopher 13 || Rusek to Appear as Counsel Pro Hac Vice (“Clawson Decl.”), at | 4; Exhibit A to the Clawson OFFICES Ot 14 || Decl.) 15 || HW. CALIFORNIA RULES OF COURT, RULE 9.40 AUTHORIZES THIS COURT TO GROSS LAW EXERICSE ITS DISCRETION TO PERMIT CHRISTOPHER RUSEK TO APPEAR 16 PRO HAC VICE MANNING 17 This Court has the authority to admit Christopher Rusek as counsel pro hac vice. Rule 18 || 9.40(a) of the California Rules of Court states in pertinent part that: 19 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 before the bar of any United States 20 court in any state..., and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted 21 upon written application to appear as counsel pro hac vice... 22 In turn, subdivision (d) of rule 9.40 sets forth the requirements that must be met by such 23 || out-of-state counsel when making the application. The application must state: 24 (1) The applicant's residence and office address; 25 (2) The courts to which the applicant has been admitted to practice and the dates of 26 || admission; 27 (3) That the applicant is a licensee in good standing in those courts; 28 (4) That the applicant is not currently suspended or disbarred in any court; ~J- APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON (5) The title of each court and cause in which the applicant has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application, and whether or not it was granted; and (6) The name, address, and telephone number of the active licensee of the State Bar of California who is attorney of record. Subdivision (e) of rule 9.40 requires the applicant to pay a reasonable fee to the State Bar of California, and that the State Bar be served with a copy of the application. In the instant case, Christopher Rusek is admitted to practice before the state and certain federal courts of Texas. (Verified Application of Christopher Rusek, at 93.) Mr. Rusek is in good 10 standing in these courts and is not currently suspended or disbarred in any court. (/a. at J§ 4, 5.) LLP I Mr. Rusek is not a California resident nor does he regularly engage in the practice of law in GROSS + MASSENBURG California. (/d. at 4] 2.) Mr. Rusek will appear in association with Daniel Schrader, Mary Back, 13 LAW OFFICLS OF and Kyle Clawson of Manning Gross + Massenburg LLP, located at 201 Spear Street, 18'" Floor, 14 San Francisco, CA 94105, who are counsel of record for East Bay Motorsports and are active 15 members of the California State Bar. 16 In addition, all procedural requirements of rule 9.40 have been met, including serving MANNING 17 proper notice of this application on all parties, submission of this application with the required 18 fees to the State Bar of California. 19 It is respectfully submitted that Mr. Rusek’s Applications sets forth all of the requirements 20 of Rule 9.40, and that no sound reason exists to deny his Application. 21 /// 22 /// 23 /T/ 24 /// 25 /// 26 //1 27 /// 28 /// 4 APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON Il. CONCLUSION Based on the foregoing, it is respectfully submitted that this Application be approved and that Mr. Christopher Rusek be granted permission to appear as counsel pro hac vice on behalf of the East Bay Motorsports for all purposes in this matter. DATED: September 18, 2020 MANNING GROSS + MASSENBURG LLP By: 3 ee “ Daniel P. Schrader Mary K. Back Kyle J. Clawson Attorneys for Defendant EAST BAY MOTORSPORTS. INC. LLP GROSS + MASSENBURG LAW OFFICES OF MANNING 25 26 27 28 -5- APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON VERIFIED APPLICATION OF CHRISTOPHER RUSEK FOR PERMISSION TO APPEAR AS COUNSEL PRO HAC VICE I, Christopher Rusek, declare that if called and sworn as a witness, ] could and would competently testify under oath as follows: I. | reside in Dallas, Texas. | am an attorney with the Rodriguez Law Firm, which has one office with a total of six attorneys located at 1700 Pacific Avenue, Suite 3850, Dallas, TX 75201. 2. | am not a resident of the State of California. Further, | am not regularly employed in and I do not regularly engage in substantial business. professional or other activities in the State of California. 3, | have been, and presently am, a member in good standing of the State Bar of Texas (Texas State Bar Number 24076661) since 2011 where | regularly practice law. I am also admitted to practice before the United States District Courts of the Northern (since 2011) and Eastern Districts of Texas (since 2012). Attached hereto as Exhibit A is a true and correct copy of my certificate of membership and good standing with the State Bar of Texas. 4. 1am a member in good standing and eligible to practice law in each of the Courts to which | have been admitted to practice law. 5. I have never been suspended or disbarred in any Courts to which I have been admitted. 6. In the past two years, | have made no applications to appear as counsel pro hac vice in the State of California. 7. I designate Daniel Schrader (California State Bar Number 145670), Mary Katherine Back (California State Bar Number 234021), and Kyle Clawson (California State Bar Number 3030682) of Manning Gross + Massenburg, located at 201 Spear Street, 18'" Floor, San Francisco, California 94105, and telephone number is (415) 512-4381, as my local attorney designees. Daniel Schrader, Mary Katherine Back, and Kyle Clawson are active members of the State Bar of California in good standing and will continue to participate in this case as attorneys of record for Defendant East Bay Motorsports, Inc. ] declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 4-15-20 , at Dalla $) Texas ; LS Christopher Rusek Rodriguez Law Firm DECLARATION OF KYLE CLAWSON I, Kyle Clawson, declare: l. | am an attorney at law duly licensed to practice before the Courts in the State of California (California State Bar Number 303682) and | am an associate at the law firm of Manning Gross + Massenburg LLP, attorneys of record for Defendant 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. Defendant East Bay Motorsports, Inc. has requested that attorney Christopher Rusek from the Rodriguez Law Firm in Dajlas, TX be admitted to appear as counsel pro hac vice. 4. Pursuant to California Rules of Court, Rule 9.40, on Friday, September 18, 2020, LLP copies of Christopher Rusek’s Verified Applications were sent with the applicable fee in the GROSS + MASSENBURG amount of $50.00 each to the State Bar of California. Attached as Exhibit A is a true and correct LAW OFFICESOF copy of these correspondences. 5. Attached as Exhibit B is a true and correct copy of the Christopher Rusek’s certificate of license and good standing with the State Bar of Texas. ! declare under penalty of perjury under the laws of the State of California that the MANNING foregoing is true and correct. Executed on September 18, 2020, at San Francisco, California. Kyle Clawson Manning Gross + Massenburg LLP 25 26 27 28 -8- APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON EXHIBIT A MGI 201 Spear Street, 18th Floor San Francisco, CA 94105 Kyle J. Clawson Associate 415 512 4381 main Direct Dial: 415 512 4381 415 512 6791 fox Direct Fax: 415 512 6791 www.mgmiaw.com E-mail: KClawson@mgmlaw.com Admitted In: CA September 18, 2020 By Messenger Attn: Admissions State Bar of California 181 Howard Street\ San Francisco, CA 94111 RE: — Lenthe v. Yamaha, et al. — Alameda Superior Court, RG10034284 Pro Hac Vice Application — Christopher Rusek Dear Clerk: Enclosed please find the following documents for the State Bar’s filing: Defendant East Bay Motorsports, Inc.’s Application for Order Admitting Adolfo “J.R.” Rodriguez, Jr. To Appear As Counsel Pro Hac Vice; Memorandum of Points and Authorities; Verified Application of Christopher Rusek; Declaration of Kyle Clawson; [Proposed] Order Granting Defendant East Bay Motorsports, Inc.’s Application For Order Admitting Christopher Rusek to Appear As Counsel Pro Hac Vice. Also enclosed is a check in the amount of $50.00 for the required Pro Hae Vice Application fee in accordance with California Rules of Court, rule 9.40, subdivision (e). Thank you for your assistance. Sincerely, Kyle J. Clawson Manning Gross + Massenburg LLP (415) 527-2812 kclawson@mgmlaw.com Enclosure Manning Gross + Massenburg LLP Goster | Chicana | Matiesburg firvine “Lake Charles LosAngeles Ma “On CourntyAL Lois Miami i tev Orleans : Mew York - Prowdence i San Francine regk , Wilmington EXHIBIT B STATE BAR OF TEXAS Office of the Chief Disciplinary Counsel September 02, 2020 Re: Mr. Christopher Kelley Rusek, State Bar Number 24076661 To Whom It May Concern: This is to certify that Mr. Christopher Kelley Rusek was licensed to practice law in Texas on May 06, 2011, and is an active member in good standing with the State Bar of Texas. "Good standing" means that the attorney is current on payment of Bar dues; has met Minimum Continuing Legal Education requirements; and is not presently under either administrative or disciplinary suspension from the practice of law. This certification expires 30 days from the date, unless sooner revoked or rendered invalid by operation of rule or law. Sincerely, Seana Willing Chief Disciplinary Counsel SW/web P.O. BOX 12487, CAPITOL STATION, AUSTIN, TEXAS 78711-2487, 512.427.1350; FAX: 512.427.4167 PROOF OF SERVICE Hunter & Mycalah Lenthe v. Yamaha Motor Corporation, USA, Inc., et al. Alameda County Superior Court, Case No. RG19034284 1, the undersigned, declare and state: That | am employed in the County of San Francisco, State of California. | am over the age of eighteen (18) and not a party to the within action; my business address is 201 Spear Street, 18th Floor, San Francisco, California 94105. On September 18, 2020, | served the following document described as: APPLICATION FOR AN ORDER ADMITTING CHRISTOPHER RUSEK TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION OF CHRISTOPHER RUSEK; DECLARATION OF KYLE CLAWSON LLP on the interested parties in this action as follows: GROSS + MASSENBURG Richard H. Schoenberger, Esq. Larry E. Cook, Esq. Andrew P. McDevitt, Esq. CASPER, MEADOWS, SCHWARTZ & LAW OFFICES OF WALKUP, MELODIA, KELLY & COOK SCHOENBERGER 2121 N. California Boulevard, Suite 1020 650 California Street, 26" Floor Walnut Creek, CA 94596 San Francisco, CA 94108-2615 T: (925) 947-1147 T: (408) 279-5393 F: (925) 947-1131 F: (408) 279-5845 lcook@cmslaw.com MANNING rschoenberger@walkuplawoffice.com Co-Counsel for Plaintiffs amcedevitt@walkuplawoffice.com Hunter Lenthe & Mycalah Lenthe Attorney for Plaintiffs Hunter Lenthe & Mycalah Lenthe Neil Kliebenstein, Esq. Via Hand Delivery Chancellor W. Tseng, Esq. State Bar of California BOWMAN AND BROOKE LLP 180 Howard St. 21 1741 Technology Drive, Suite 200 San Francisco, CA 94105 San Jose, CA 95110-1364 415-538-2000 22 T: (408) 279-5393 23 F: (408) 279-5845 neil. kliebenstein@bowmanandbrooke.com 24 Attorneysfor Defendants YAMAHA MOTOR CORPORATION USA, 25 INC.; YAMAHA MOTOR MANUFACTURING CORPORATION OF 26 AMERICA; and YAMAHA MOTOR CO,, LTD. 27 28 -9- APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON xX BY ELECTRONIC SERVICE as follows: | electronically served a true copy of the document(s) identified above to the email address(es) designated. Electronic service is ordered by Judicial Counsel under Emergency Rule 12 (https://www.courts.ca.gov/documents/appendix-i.pdf) Xx] BY MESSENGER SERVICE [AS TO THE STATE BAR ONLY] | served the documents by placing them in an envelope or package addressed to the respective address(es) of the party(ies) stated above and providing them to a professional messenger service for service. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 18, 2020, in San Francisco, California. Y y le“ Melissa Estus LLP . + MASSENBURG LAW OFFICESOF GROSS MANNING -10- APPLICATION FOR CHRISTOPHER RUSEK TO APPEAR PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES; VERIFIED APPLICATION.; DECLARATION OF KYLE CLAWSON