Preview
(SBN 191082)
Keith Gillette
Haley L. Hansen (SBN 299082)
BULLIVANT HOUSER BAILEY PC
Montgomery 2600
101
San Francisco, CA
Street, Suite
94104-4146 FILED
Telephone: 415.352.2700 SAN MATEO COUNTY
Facsimile: 415.352.2701
E-mail: keith.gillette@bulliyant.com
MAY 2 2 ' 2019
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haley.hansen@bulhvant.com ‘
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Attorneys for Defendants ,
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AMERIGAS PROPANE, LP; AMERIGAS
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PROPANE, INC.; and AMERIGAS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
11
12 BRICEIDA LOPEZ, an individual, JOSE Case No.2 18CIV01696
SOLIS, an individual,
13 EX PARTE APPLICATION FOR ORDER
Plaintiffs, SHORTENING TIME TO HEAR MOTION
14 FOR ORDER ALLOWING JAMES T.
V. HULTQUIST TO APPEAR AS ATTORNEY
15 PRO MC VICE
PAUL BONIFACIO, an individual;
16 MARGARET HYUN, an individual;
AMERIGAS PROPANE, INC., a corporation;
17 AMERIGAS, INC., a cbrporation; and DOES DATE: May 22, 2019
ONE through ONE—HUNDRED, inclusive, TIME: 2:00 p.m.
18 DEPT: Law and Motion
Defendants. COMPLAINT: April 6, 2018
19 TRIAL: November 18. 2019
20 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
21 PLEASE TAKE NOTICE that on May 22, 2019 at 2:00 p.m., or as soon thereafter as the
22 matter may be heard, in the Law and Motion Department of this court, located at 400 Connty
23 Center, Redwood City, California, defendants AmeriGas Propane, L.P., AmeriGas Propane, Inc.
24 and AmeriGas, Inc. (collectively “AmeriGas”) will, and hereby do, move for an order to shorten
25 time on the pro hac vice application of James T. Hultquist so that the motion may be heard on
26
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EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER
ALLOWING JAMES T. HULTQUIST TO APPEAR AS
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This motion is made pursuant to Local Rule 20.1.12, the California Code of Civil
Procedure, and the California Rules of Court. Good cause for granting this Order exists and this
application is made on the grounds that:
1. A court, or judge thereof, may prescribe a shorter period of time for hearing on a
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motion other than the required 16 court days for good’cause showing. (Cal. Code Civ. Proc.,
§1005) (Declaration of Haley L. Hansen (“Hansen Dec.”) 1B.)
2. A Motion for an Order Permitting James T. Hultquist to Appear as Counsel Pro
Hac Vice (“Original Hultquist Pro Hac Vice Motion”) was originally made by AmeriGas on
March 29, 2019. The hearing for the Original Hultquist Pro Hac Vice Motion was set for
May 13, 2019 at 9:00 a.m. in the Law and Motion Department of this Court, located at
400 County Center, Redwood City, California with Judge Susan Greenberg. (Hansen Dec. 113.)
3. On May 13, 2019, Judge Greenberg adopted the tentative ruling denying the
Original Hultquist Pro Hac Vice Motion. Specifically, the order states as follows: “The
application to appear pro hac vice is denied without prejudice for failure to provide proof that
the application and notice of hearing were served on the State Bar in compliance with CRC
9.40(c) and CCP 1005. The proof of service indicates that the moving papers were served on
the State Bar by giving them to a messenger service on March 29, 2019. However, here is no
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declaration from the messenger as to how or when the documents were actually delivered.”
(Hansen Dec. 1T4.)
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4. AmeriGas received the declaration from the messenger on May 14, 2019; one
day after the hearing date on the Original Hultquist Pro Hac Vice Motion. (Hansen Dec. 115.)
5. This declaration clearly outlines how and when the documents of the Original
Hultquist Pro Hac Vice Motion were actually delivered to the state bar. (Hansen Dec. 116.)
6. Good cause exists as to why the declaration was not submitted prior to thelentry
of the order. (Hansen Dec. 1I7.)
7. Counsel of record for AmeriGas, Keith Gillette, was participating in arbitration at
the time of the hearing and tentative ruling. Excusable oversight resulted in Mr. Gillette’s
4815-95 14-0247.1 36942/00009 —2—
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER
ALLOMNG JAMES T. HULTQUIST TO APPEAR AS
failure to review the tentative ruling on the Original Hultquist Pro Hac Vice Motion. (Hansen
Dec. 1T8.)
.8. Due to James T. Hultquist’s knowledge of the issues raised in this litigation, it is
AmeriGas’ desire that he become one of the attorneys permitted to appear and speak for it in
this matter, and that he be admitted pro hac vice to represent its interests and avoid prejudice to
KOOGQONUI-RUJNH
AmeriGas. (Hansen Dec. 119;)
9. If the instant request is not granted, AmeriGas will be irreparably'haxmed given
that the knowledge of Mr. Hulfquist is essential to the defenses and strategy of AmeriGas in this
matter. (Hansen Dec. 111 O.)
10. There will be no harm to any of the parties if the request is granted, as evidenced
by the failure of any party to oppose the Original Hultquist Pro Hac Vice Motion. (Hansen Dec.
111 1 .)
11. On May 17, 2019, AmeriGas filed the current Motion for an Order Permitting
James T. Hultquist to Appear as Counsel Pro Hac Vice (“May 17, 2019 Pro Hac Motion”).
(Hansen Dec. 1112.)
12. On May 20, 2019, AmeriGas was informed the hearing date on the May 17, 2019
NNNNNNNNNr—nr—Ar—Ar—Ip—ty—Ir—Ir—Ar—‘r—A
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Proc Hac Motion was set, pursuant to local rules and the Court’s availability, for July 1, 2019;
31 court days later. (Hansen Dec. 1113.)
OONONUIAUJNHOWOOQONUI-PUJNHO
13. The hearing date-on July 1 2019 will cause irreparable harm to AmeriGas as it
will be prohibiting from having Mr. Hultquist involved in upcoming motion work, expert
discovery, and witness depositions. (Hansen Dec. 1114.)
14. Good cause exists for this motion to be heard on shbrtened time, as the
depositions xof the homeowner defendants are set for June 25, 2019; and depositions of other fact
witnesses are anticipated to be taken in June 2019. Mr. Hultquist’s role as additional counsel
also contemplates his involvement in upcoming expert discovery and percipient witness
discovery anticipated pfior to the November 18, 2019 trial date. (Hansen Dec. 1115.)
15. On May 20, 201 9, upon receipt of notice of the ex parte application by AmeriGas
Plaintiffs’ counsel, Matthew Davis, indicated that plaintiffs would stipulate to allow entry of the
4815-95 14-0247.1 36942/00009: —3—
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER
ALLOWING JAMES T. HULTQUIST TO APPEAR AS
‘
Fd order to permit Mr. Hultquist to be admitted pro hac vice for purposes of this matter. (Hansen
'
l0 Dec. 1116.)
K» 15. As required under the California Rules of Court, timely notice of this application
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has been given, as further set forth in the concurrently filed declaration of Haley L. Hansen.
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(Hansen Dec. ’1[17.)
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DATED: May 21, 2019
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Haley L. Hansen
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Attorneys for Defendants
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EX PARTE APPLICATION FOR ORDER SHORTENING TINIE TO HEAR MOTION FOR ORDER
ALLOWING JAMES T. HULTQUIST TO APPEAR AS
PROOF OF SERVICE
al. v. Paul Bonifacio, et al.
Bricedia Lopez, et
San Mateo Superior Court No. 18CIV01696
I am employed in the City and County of San Francisco by the law firm of Bullivant
Houser Bailey (“the business”), 101 Montgomery Street, Suite 2600, San Francisco, CA 94104.
I am over the age of eighteen (18) and not a party to this action. On May 21, 2019, I served the
document entitled:
QQUI-h
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO
HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO
APPEAR AS ATTORNEY PRO HAC VICE
upon the following parties:
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COUNSEL EMAIL ADDRESS(ES)
10 MATTHEW D. DAVIS mdavis@walkuplawoffice.com
SPENCER J. PAHLKE spahlke@walkuplawoffice.com
11 Walkup, Melodia, Kelly & Schoenberger kbenzien@walkuplawoffice.com
650 California Street, 26th Floor ssaephan@walkuplawoffice.com
12
San Francisco, CA 94108-2615
Telephone: 41 5.98 1 .721 0
13
Facsimile: 415.391.6965
14 Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE
SOLIS
15
16
SHAWN A. TOLIVER shawn.toliver@1ewisbrisbois.com
JULIE M. AZEVEDO julie.azevedo@lewisbrisbois.com
17 Lewis Brisbois Bisgaard & Smith, LLP rose.chan@lewisbrisbois.com
333 Bush Street, Suite 1100
18 San Francisco, CA 941 04-2872
Telephone: 415.362.2580
19
Facsimile: 415.434.0882
Attorneys for: Defendants PAUL BONIFACIO and
20
MARGARET HYUN
21
JAMES T. HULTQUIST jhultquist@reedsmith.com
22 Reed Smith LLP
10 South Wacker Drive
23 Chicago, IL 60606—7507
Telephone: 3 12.207. 1000
24 Facsimile: 312.207.6400
Attornevs for: Defendant AMERIGAS PROPANE, LP
25
26 (x) BY EMAIL 0R ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to
electronic service, caused a copy of the document to be sent from e-mail address
I
27 roberta.beach@bullivant.com to the persons at the e-mail addressed listed in the service
list. I did not, within a reasonable time after the transmission, any electronic message or
28 other indication that the transmission was unsuccessful.
4815-9514-0247.1 36942/00009 —5—
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER
ALLOWING JAMES T. HULTQUIST TO APPEAR AS
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On_May 21, 2019, I served the document entitled:
l0 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO
HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST T0
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APPEAR AS ATTORNEY PRO HAC VICE
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upon the following party:
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Pro Hac Vice Program
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The State Bar of California
180 Howard Street
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San Francisco. CA 94105
OO (x) BY MESSENGER SERVICE: I placed a true and correct copy of the above-entitled
document a sealed envelope addressed as indicated above and provided it to a
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professional messenger service for delivery during normal business hours on this date. A
proof of service from said messenger service will be signed and filed as soon as the
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document has been delivered.
FA I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct.
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Executed on May 21, 2019, at San Francisco, California.
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EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER
ALLOWING JAMES T. HULTQUIST TO APPEAR AS
Preview
(SBN 191082) Keith Gillette Haley L. Hansen (SBN 299082) BULLIVANT HOUSER BAILEY PC Montgomery 2600 101 San Francisco, CA Street, Suite 94104-4146 FILED Telephone: 415.352.2700 SAN MATEO COUNTY Facsimile: 415.352.2701 E-mail: keith.gillette@bulliyant.com MAY 2 2 ' 2019 " haley.hansen@bulhvant.com ‘ 9mg? Q98“ Attorneys for Defendants , r, ‘m‘; ‘ AMERIGAS PROPANE, LP; AMERIGAS ‘ \OOOQONUl-h PROPANE, INC.; and AMERIGAS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 BRICEIDA LOPEZ, an individual, JOSE Case No.2 18CIV01696 SOLIS, an individual, 13 EX PARTE APPLICATION FOR ORDER Plaintiffs, SHORTENING TIME TO HEAR MOTION 14 FOR ORDER ALLOWING JAMES T. V. HULTQUIST TO APPEAR AS ATTORNEY 15 PRO MC VICE PAUL BONIFACIO, an individual; 16 MARGARET HYUN, an individual; AMERIGAS PROPANE, INC., a corporation; 17 AMERIGAS, INC., a cbrporation; and DOES DATE: May 22, 2019 ONE through ONE—HUNDRED, inclusive, TIME: 2:00 p.m. 18 DEPT: Law and Motion Defendants. COMPLAINT: April 6, 2018 19 TRIAL: November 18. 2019 20 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE that on May 22, 2019 at 2:00 p.m., or as soon thereafter as the 22 matter may be heard, in the Law and Motion Department of this court, located at 400 Connty 23 Center, Redwood City, California, defendants AmeriGas Propane, L.P., AmeriGas Propane, Inc. 24 and AmeriGas, Inc. (collectively “AmeriGas”) will, and hereby do, move for an order to shorten 25 time on the pro hac vice application of James T. Hultquist so that the motion may be heard on 26 27 28 :i: igapiiii‘ifiiiififihllluwululu EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO APPEAR AS ‘J This motion is made pursuant to Local Rule 20.1.12, the California Code of Civil Procedure, and the California Rules of Court. Good cause for granting this Order exists and this application is made on the grounds that: 1. A court, or judge thereof, may prescribe a shorter period of time for hearing on a I ©w\I'O\m.>mNH motion other than the required 16 court days for good’cause showing. (Cal. Code Civ. Proc., §1005) (Declaration of Haley L. Hansen (“Hansen Dec.”) 1B.) 2. A Motion for an Order Permitting James T. Hultquist to Appear as Counsel Pro Hac Vice (“Original Hultquist Pro Hac Vice Motion”) was originally made by AmeriGas on March 29, 2019. The hearing for the Original Hultquist Pro Hac Vice Motion was set for May 13, 2019 at 9:00 a.m. in the Law and Motion Department of this Court, located at 400 County Center, Redwood City, California with Judge Susan Greenberg. (Hansen Dec. 113.) 3. On May 13, 2019, Judge Greenberg adopted the tentative ruling denying the Original Hultquist Pro Hac Vice Motion. Specifically, the order states as follows: “The application to appear pro hac vice is denied without prejudice for failure to provide proof that the application and notice of hearing were served on the State Bar in compliance with CRC 9.40(c) and CCP 1005. The proof of service indicates that the moving papers were served on the State Bar by giving them to a messenger service on March 29, 2019. However, here is no NNNNNNNNNr—IHHHt—np—np—Ip—tp—np—n declaration from the messenger as to how or when the documents were actually delivered.” (Hansen Dec. 1T4.) OOQQU‘I-hUJNF—‘OWOOQQM#UJNHO 4. AmeriGas received the declaration from the messenger on May 14, 2019; one day after the hearing date on the Original Hultquist Pro Hac Vice Motion. (Hansen Dec. 115.) 5. This declaration clearly outlines how and when the documents of the Original Hultquist Pro Hac Vice Motion were actually delivered to the state bar. (Hansen Dec. 116.) 6. Good cause exists as to why the declaration was not submitted prior to thelentry of the order. (Hansen Dec. 1I7.) 7. Counsel of record for AmeriGas, Keith Gillette, was participating in arbitration at the time of the hearing and tentative ruling. Excusable oversight resulted in Mr. Gillette’s 4815-95 14-0247.1 36942/00009 —2— EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOMNG JAMES T. HULTQUIST TO APPEAR AS failure to review the tentative ruling on the Original Hultquist Pro Hac Vice Motion. (Hansen Dec. 1T8.) .8. Due to James T. Hultquist’s knowledge of the issues raised in this litigation, it is AmeriGas’ desire that he become one of the attorneys permitted to appear and speak for it in this matter, and that he be admitted pro hac vice to represent its interests and avoid prejudice to KOOGQONUI-RUJNH AmeriGas. (Hansen Dec. 119;) 9. If the instant request is not granted, AmeriGas will be irreparably'haxmed given that the knowledge of Mr. Hulfquist is essential to the defenses and strategy of AmeriGas in this matter. (Hansen Dec. 111 O.) 10. There will be no harm to any of the parties if the request is granted, as evidenced by the failure of any party to oppose the Original Hultquist Pro Hac Vice Motion. (Hansen Dec. 111 1 .) 11. On May 17, 2019, AmeriGas filed the current Motion for an Order Permitting James T. Hultquist to Appear as Counsel Pro Hac Vice (“May 17, 2019 Pro Hac Motion”). (Hansen Dec. 1112.) 12. On May 20, 2019, AmeriGas was informed the hearing date on the May 17, 2019 NNNNNNNNNr—nr—Ar—Ar—Ip—ty—Ir—Ir—Ar—‘r—A ~ Proc Hac Motion was set, pursuant to local rules and the Court’s availability, for July 1, 2019; 31 court days later. (Hansen Dec. 1113.) OONONUIAUJNHOWOOQONUI-PUJNHO 13. The hearing date-on July 1 2019 will cause irreparable harm to AmeriGas as it will be prohibiting from having Mr. Hultquist involved in upcoming motion work, expert discovery, and witness depositions. (Hansen Dec. 1114.) 14. Good cause exists for this motion to be heard on shbrtened time, as the depositions xof the homeowner defendants are set for June 25, 2019; and depositions of other fact witnesses are anticipated to be taken in June 2019. Mr. Hultquist’s role as additional counsel also contemplates his involvement in upcoming expert discovery and percipient witness discovery anticipated pfior to the November 18, 2019 trial date. (Hansen Dec. 1115.) 15. On May 20, 201 9, upon receipt of notice of the ex parte application by AmeriGas Plaintiffs’ counsel, Matthew Davis, indicated that plaintiffs would stipulate to allow entry of the 4815-95 14-0247.1 36942/00009: —3— EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO APPEAR AS ‘ Fd order to permit Mr. Hultquist to be admitted pro hac vice for purposes of this matter. (Hansen ' l0 Dec. 1116.) K» 15. As required under the California Rules of Court, timely notice of this application #- has been given, as further set forth in the concurrently filed declaration of Haley L. Hansen. U1 (Hansen Dec. ’1[17.) O\ DATED: May 21, 2019 \J BULLIVANT HOUSER B ~ EY PC )d 00 ‘O O By ”WM Kéith Gillettq/ Haley L. Hansen fix pt >—‘ Attorneys for Defendants AMERIGAS PROPANE, LP; AMERIGAS bt N PROPANE, INC.; and AMERIGAS, INC. pd U) pd -h ***** Pd U! pd ON ha fl hi W h‘ \O k) O k) )—* h) [\J bJ DJ IQ -b IQ U] IQ O\ . IQ fl IQ 0° 4815-95 14~0247.1 36942/00009 —4~ EX PARTE APPLICATION FOR ORDER SHORTENING TINIE TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO APPEAR AS PROOF OF SERVICE al. v. Paul Bonifacio, et al. Bricedia Lopez, et San Mateo Superior Court No. 18CIV01696 I am employed in the City and County of San Francisco by the law firm of Bullivant Houser Bailey (“the business”), 101 Montgomery Street, Suite 2600, San Francisco, CA 94104. I am over the age of eighteen (18) and not a party to this action. On May 21, 2019, I served the document entitled: QQUI-h EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO APPEAR AS ATTORNEY PRO HAC VICE upon the following parties: W COUNSEL EMAIL ADDRESS(ES) 10 MATTHEW D. DAVIS mdavis@walkuplawoffice.com SPENCER J. PAHLKE spahlke@walkuplawoffice.com 11 Walkup, Melodia, Kelly & Schoenberger kbenzien@walkuplawoffice.com 650 California Street, 26th Floor ssaephan@walkuplawoffice.com 12 San Francisco, CA 94108-2615 Telephone: 41 5.98 1 .721 0 13 Facsimile: 415.391.6965 14 Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE SOLIS 15 16 SHAWN A. TOLIVER shawn.toliver@1ewisbrisbois.com JULIE M. AZEVEDO julie.azevedo@lewisbrisbois.com 17 Lewis Brisbois Bisgaard & Smith, LLP rose.chan@lewisbrisbois.com 333 Bush Street, Suite 1100 18 San Francisco, CA 941 04-2872 Telephone: 415.362.2580 19 Facsimile: 415.434.0882 Attorneys for: Defendants PAUL BONIFACIO and 20 MARGARET HYUN 21 JAMES T. HULTQUIST jhultquist@reedsmith.com 22 Reed Smith LLP 10 South Wacker Drive 23 Chicago, IL 60606—7507 Telephone: 3 12.207. 1000 24 Facsimile: 312.207.6400 Attornevs for: Defendant AMERIGAS PROPANE, LP 25 26 (x) BY EMAIL 0R ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to electronic service, caused a copy of the document to be sent from e-mail address I 27 roberta.beach@bullivant.com to the persons at the e-mail addressed listed in the service list. I did not, within a reasonable time after the transmission, any electronic message or 28 other indication that the transmission was unsuccessful. 4815-9514-0247.1 36942/00009 —5— EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO APPEAR AS P‘ On_May 21, 2019, I served the document entitled: l0 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST T0 (a APPEAR AS ATTORNEY PRO HAC VICE -P upon the following party: U1 Pro Hac Vice Program O\ The State Bar of California 180 Howard Street \J San Francisco. CA 94105 OO (x) BY MESSENGER SERVICE: I placed a true and correct copy of the above-entitled document a sealed envelope addressed as indicated above and provided it to a ~in \O professional messenger service for delivery during normal business hours on this date. A proof of service from said messenger service will be signed and filed as soon as the )d document has been delivered. FA I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. p¢ Executed on May 21, 2019, at San Francisco, California. pd pa l l '- J: . ' 7 «lg pa R0 RTA c. BEAC ***** H‘ #4 b* FA OOQONUI-bwwfi-‘0000NONUIAUJNt—‘O h) k) k) k) k) k) k) k) k) 4815-9514-0247.1 36942/00009 — 6 — EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO APPEAR AS