Preview
H Keith Gillette (SBN 191082)
Haley L. Hansen (SBN 299082)
Ix.)
BULLIVANT HOUSER BAILEY PC
101 Montgomery Street, Suite 2600 FILED
SAN MATEO COUNTY
San Francisco, CA 94104-4146
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Telephone: 415.352.2700 MAY 2
2 2019
Facsimile: 415.352.2701
E-mail: keith.gillette@bullivant.com
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haley.hansen@bullivant.com
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Attorneys for Defendants Suppl
AMERIGAS PROPANE, LP; AMERIGAS in
fl PROPANE, INC.; and AMERIGAS, INC, Authorities
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and
\D SUPERIOR COURT OF THE STATE OF CALIFORNIA Paints
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of
01696
COUNTY OF SAN MATEO um
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r—lo Memorand
13~CIV_
MPAS
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BRICEIDA LOPEZ, an individual, JOSE Case No.: 18CIV01696
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SOLIS, an individual,
MEMORANDUM OF POINTS AND
Plaintiffs, AUTHORITIES IN SUPPORT OF
H .b EXPARTE APPLICATION FOR ORDER
V. SHORTENING TIME TO HEAR
MOTION FOR ORDER ALLOWING
PAUL BONIFACIO, an individual; JAMES T. HULTQUIST TO APPEAR AS
MARGARET HYUN, an individual; ATTORNEY PRO 1L4C VYCE
AMERIGAS PROPANE, INC., a corporation;
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AMERIGAS, INC., a corporation; and DOES DATE: May 22, 2019
ONE through ONE-HUNDRED, inclusive, TIME: 2:00 p.m.
DEPT: Law & Motion
Defendants. COMPLAINT: April 6, 2019
TRIAL: November 18.2019
I. INTRODUCTION
On September 20, 201 8, Briceida Lopez and Jose Solis (collectively “Plaintiffs”) filed
an amended complaint in this action naming AmeriGas Propane, L.P., AmeriGas Propane, Inc.
and AmeriGas, Inc. (collectively “AmeriGas”) as defendants. AmeriGas seeks to have James T.
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Hultquist appear as additional counsel to prepare for; and participate in,the litigation of this
matter. Good cause exists for this motion to be heard on shortened time, as the depositions of
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
4829-5940-3927.1 36942/00009 _1_
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
contemplates his involvement in upcoming expert discovery and percipient witness discovery
anticipated prior to the November 18, 2019 trial date.
A Motion for an Order Permitting James T. Hultquist to Appear as Counsel Pro Hac
Vice (“Original Hultquist Pro Hac Vice Motion”) was made by AmeriGas on March 29, 2019.
\OOOQONUI-QUJNy—I
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. On May 13, 2019, the Court denied the
Original Hultquist Pro Hac Vice Motion without prejudice. AmeriGas refiled the Motion for an
Order Permitting James T. Hultquist to Appear as Counsel Pro Hac Vice on May 17, 2019.
(“May 17, 2019 Pro Hac Motion”) Pursuant to the local rules of court and calendar of the
Court,‘ the May 17, 2019 Pro Hac Motion is unable to be heard until July 1, 2019.
AmeriGas respectfillly requests the Court enter an ordering shortening time on the
May 17, 2019 Pro Hac Motion. Pursuant to Code of Civil Procedure §1005, the Court is
permitted to shorten the time for hearing on a motion When good cause exists. Mr. Hultquist’s
involvement is necessary with respect to pending deposition discovery of fact witnesses,
including those of defendant homeowners set for June 25, 2019, additional planned depositions
of fact witnesses in the month 0f June 2019, as well as in the preparation of AmeriGas’ defenses
prior to the November 18, 2019 trial. Specifically, an order shortening time isnecessary to
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avoid further prejudice and uncertainty, as Mr.
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Hultquist’s participation isnecessary to the
defense of AmeriGas in this action.
As shown by the accompanying declaration of Haley L. Hansen, proper notice was given
to all parties of this ex parte request. Plaintiffs do not oppose this ex parte application; nor was
the Hultquist Pro Hac Vice Motion heard on May 13, 2019 opposed.
In the alternative, defendants request the issuance of an order shortening time to hear
their motion for reconsideration. If the Court is unwilling to grant the requested relief through
an ex parte application, an order shortening time isnecessary to avoid filrther prejudice and
uncertainty, as Mr. Hultquist’s participation is necessary to the defense of AmeriGas in this
action.
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
In accordance with California Rules of Court and California Code of Civil Procedure
§1005, defendant respectfillly request that this Court enter an order to shorten the notice period
Amt.)
and hear the May 17, 201 9 Pro Hac Motion on shortened time. Specifically, AmeriGas requests
the motion be heard on or before May 30, 2019 as necessary to permit Mr. Hultquist to
participate in upcoming motions and discovery in June 2019. No one intends to oppose the
motion and all parties will be present for a conference with the Court May 30, 2019.
KOOOQQUI
II. STATEMENT OF FACTS
A. Procedural Status
The instant action was originally filed on April 6, 2018. Plaintiffs filed their first
10 amended complaint on September 20, 2018. Trial in this matter is set for November 18, 2019.
11 A Motioh for an Order Permitting James T. Hultquist to Appear as Counsel Pro Hac Vice
12 (“Original Hultquist Pro Hac Vice Motion”) was made by AmeriGas on March 29, 2019. The
13 hearing for the Original Hultquist Pro Hac Vice Motion was set for May 13, 2019 at 9:00 a.m.
14 (Hansen Dec. 1M.)
15 On May 13, 2019, Judge Greenberg adopted the tentative ruling denying the Original
16 Hultquist Pro Hac Vice Motion. Specifically, the order states as follows: “The application to
17 appear pro hac vice is denied without prejudice for failure to provide proof that the application
18 and notice of hearing were served 6n the State Bar in compliance with CRC 9.40(c) and
19 CCP 1005. The proof of service indicates that the moving papers were served on the State Bar
20 by giving them to a messenger service on March 29, 2019. However, here is no declaration
21 from the messenger as to how or when the documents were actually delivered.” (Hansen Dec.
‘
22 115.)
23 Pursuant to the tentative ruling of the Court, the Original Hultquist Pro Hac Vice Motion
24 was only denied for failure to provide a declaration of the messenger who served the California
25 State Bar. (Exhibit A to the accompanying Declaration of Haley L. Hansen 115 (“Hansen Dec.”);
26 Tentative Ruling on Original Hultquist Pro Hac Vice Motion.) AmeriGas received the
27 declaration from the messenger on May 14, 20 1(9, one d'ay after the hearing date on the Original
28 Hultquist Pro Hac Vice Motion. (Hansen Dec. 116.) This declaration clearly outlines how and
4829-5940-3927.1 36942/00009 — 3‘ —
IWEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
when the documents of the Original Hultquist Pro Hac Vice Motion were actually delivered to
the StateBbar. (Hansen Dec. 117.)
Good cause exists as to why the declaration was not submitted prior to the entry of the
order. Counsel of record for AmeriGas, Keith Gillette, was participating in arbitration at the
time 0f the hearing and tentative ruling. Excusable oversight resulted in Mr. Gillette’s failure to
review the tentative ruling on the Original Hultquist Pro Hac Vice Motion. (Hansen Dec. 119.)
\DOONO'NUI-P
B. AmeriGas will be Irreparablv Harmed if the Request Not Granted
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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
10 this matter, and that he be admitted pro hac vice to represent their interests and avoid prejudice
11 to AmeriGas. (Hansen Dec. 119.) If the instant request is not granted, AmeriGas Will be
12 irreparably harmed given that the knowledge of Mr. Hultquist is essential to the defenses and
13 strategy of AmeriGas in this matter. (Hansen Dec. 1110.) There will be no harm to any of the
14 parties if the request is granted, as evidenced by the failure of any party to oppose the Original
15 Hultquist Pro Hac Vice Motion. (Hansen Dec. {[1 1.)
16 On May 17, 2019, AmeriGas filed the current Motion for an Order Permitting James T.
17 Hultquist to Appear as Counsel Pro Hac Vice (“May 17, 2019 Pro Hac Motion”). (Hansen Dec.
18 1H2.) On May 20, 2019, AmeriGas was informed the hearing date on the May 17, 2019 Proc
19 Hac Motion was set, pursuant to local rules and the Court’s availability, for July 1, 2019, 31
20 court days later. (Hansen Dec. 1113.) The hearing date on July 1 2019 will cause irreparable
21 harm to AmeriGas as they will be prohibited from having Mr. Hultquist involved in upcoming
22 motion work, expert discovery, and witness depositions. (Hansen Dec. 1114.) Good cause exists
23 for this motion to be heard on shortened time, as the depositions of the homeowner defendants
24 are set for June 25, 2019; and depositions of other fact witnesses are anticipated to be taken in
25 June 2019. Mr. Hultquist’s role as additional counsel also contemplates his involvement in
26 upcoming expert discovery and percipient witness discovery anticipated prior to the
27 November 18, 2019 trial date. (Hansen Dec. 1115.)
28
4829—5940-3927.1 36942/00009 —4—
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
x/
On May 20, 2019, 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
order to permit Mr. Hultquist to be admitted pro hac vice for purposes 0f this matter. (Hansen
Dec. 1116.)
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C. Notice of the Ex Parte Application
On May 17; 2019, AmeriGas informed all parties and their attorneys of record of their
intent to appear ex parte to seek an order to shorten time on the May 17, 2019 Pro Hac Motion.
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There has been no notice of an intent to oppose this request; nor did plaintiffs or any other party
oppose the Original Hultquist Pro Hac Vice Motion heard on May 13, 2019. (Hansen Dec.
10 1117.)
11 III. LEGAL ARGUMENT
12 A. AmeriGas Will Face Irreparable Harm
13 Pursuant to California Rules of Court, Rules 3.1200, et seq., an ex parte application must
14 make an affirmative factual showing of irreparable harm, immediate danger, or any other
15 statutory basis for granting relief ex parte. Here, Mr. Hultquist is essential to the defenses and
16 strategy of AmeriGas in this matter. As evidenced above and throughout this application, the
17 hearing date on the May 17, 2019 Pro Hac Motion currently set for July 1 2019 will cause
18 irreparable harm to AmeriGas as they will be prohibited from having Mr. Hultquist involved in
19 upcoming motion work, expert discovery, and witness depositions. The July 1, 2019 hearing
20 date is approximately 31 court days; nearly twice the required notice period under §1005. Due
21 to Mr. Hultquist’s knowledge of the issues raised in this litigation, it is AmeriGas’ desire that
22 he become ohe of the attorneys permitted to appear and speak for them in this matter, and that
23 he be admitted pro hac vice to represent its interests and avoid prejudice to AmeriGas.
24 ///
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4829-5940-3927.1 36942/00009 —5—
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
Additionally, AmeriGas will not only face harm, but it isclear the order to shorten time
will not harm or prejudice any other party in this action. In fact, plaintiffs have repeatedly
indicated their intent not to oppose a pro hac motion for Mr. Hultquist.
.
Accordingly, AmeriGas respectfiJIIy requests the Court grant the order to shorten time
for the pro
COGNQUIAUJNH hac motion and allow the motion to be heard on or before May 30, 2019 as necessary
to avoid fuITher harm and delay t0 AmeriGas.
B.
m
The Court has Authoritv to Hear the Mav 17, 2019 Pro Hac Motion on Shortened
AmeriGas respectfully requests that the Court hear its May 17, 2019 Motion for Pro Hac
on shortened notice. Section 1005(b) of the Code of Civil Procedure provides: “[u]n1ess
otherwise ordered or specifically provided by law all moving and supporting papers shall be
served and filed at least 16 calendar days before the hearing. . .. The court, 0r ajudge thereof;
may prescribe a shorter time.” CCP §1‘005 (emphasis added).
As evidenced throughout this request, AmeriGas will suffer irreparable harm if they are
required to file their motion for reconsideration as a regularly noticed motion and wait the
statutory minimum amount of 16 court days. In fact, given the procedures and calendar of the
Court, AmeriGas cannot have their motion heard until 31 court days later, on July 1, 2019.
Delays further disallow AmeriGas’
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counsel of choice, James T. Hultquist, from participating in
the defense of AmeriGas’ interests and providing his particular and unique knowledge of the
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issues of the case. This delay and uncertainty will cause hardship and prejudice to AmeriGas.
Accordingly, AmeriGas respectfillly requests the Court grant the order to shorten time
for the pro hac motion and allow the motion to be heard on or before May 30, 2019 as necessary
to avoid furthér harm and delay to AmeriGas.
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4829-5940-3927.1 36942/00009 —6—
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
id IV. CONCLUSION
IQ For all of the forgoing reasons, AmeriGas respectfully requests that the Court reconsider
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and grant the Hultquist Pro Hac Vice Motion.
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DATED: May 21, 2019
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BULLIVANT HOUSER BAILEY PC
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By
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Haley L. Han n
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4829-5940-3927.1 36942/00009 —7—
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
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PROOF OF SERVICE
Bricedia Lopez, et al. v. Paul Bonifacio, et al.
N 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.
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am over the age of eighteen (18) and not a party to this action. On May 21, 2019, I served the
document entitled: ,
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 0F
ON
DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING
TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T.
Q HULTQUIST TO APPEAR AS ATTORNEY PRO 1L4C VICE
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upon the following parties:
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COUNSEL EMAIL ADDRESS! ES}
MATTHEW D. DAVIS mdavis@walkuplawoffice.com
SPENCER J. PAHLKE spahlke@wa1kuplawoffice.com
Walkup, Melodia, Kelly & Schoenberger kbenzien@walkup1awoffice.com
650 California Street, 26th Floor ssaephan@wa1kup1awoffice.com
San Francisco, CA 94108-2615
Telephone: 415.981.7210
Facsimile: 415.391.6965
Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE
SOLIS
SHAWN A. TOLIVER Shawn.toliver@lewisbrisbois.com
JULIE M. AZEVEDO julie.azevedo@lewisbrisbois.com
Lewis Brisbois Bisgaard & Smith, LLP
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rose.chan@1ewisbrisbois.com
333 Bush Street, Suite 1100
San Francisco, CA 94104-2872
Telephone: 415.362.2580
Facsimile: 415.434.0882
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Attorneys for: Defendants PAUL BONIFACIO and
MARGARET HYUN
JAMES T. HULTQUIST jhultquist@reedsmith.com
Reed Smith LLP
10 South Wacker Drive
Chicago, IL 60606-7507
Telephone: 3 12.207. 1 000
Facsimile: 312.207.6400
Attorneys for: Defendant AMERIGAS PROPANE, LP
(x) BY EMAIL OR ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to
electronic service, I caused a copy of the document to be sent from e-mail address
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
other indication that the transmission was unsuccessful.
4829-5940-3927.1 36942/00009 — 8 —
IWEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
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t0 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING
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TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T.
HULTQUIST TO APPEAR AS ATTORNEY PRO H4C VICE
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upon the vfollowing party:
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Pro Hac Vice Program
The State Bar 0f California
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180 Howard Street
San Francisco. CA 941 05
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(x) BY MESSENGER SERVICE: I placed a true and correct copy of the above-entitled
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professional messenger service for delivery during normal business hours on this date. A
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proof of service from said messenger service will be signed and filed as soon as the
document has been delivered.
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I declare under penalty of pteury, under the laws of the State of California, that the
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DJ Executed on May 21, 2019, at San Francisco, California.
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER SHORTENING TIME TO HEAR MOTION
Preview
H Keith Gillette (SBN 191082) Haley L. Hansen (SBN 299082) Ix.) BULLIVANT HOUSER BAILEY PC 101 Montgomery Street, Suite 2600 FILED SAN MATEO COUNTY San Francisco, CA 94104-4146 #‘UJ Telephone: 415.352.2700 MAY 2 2 2019 Facsimile: 415.352.2701 E-mail: keith.gillette@bullivant.com UI haley.hansen@bullivant.com i f,I O\ Attorneys for Defendants Suppl AMERIGAS PROPANE, LP; AMERIGAS in fl PROPANE, INC.; and AMERIGAS, INC, Authorities 00 and \D SUPERIOR COURT OF THE STATE OF CALIFORNIA Paints I/II/I/I/II/II/III/I/II/I/Ilull of 01696 COUNTY OF SAN MATEO um HH r—lo Memorand 13~CIV_ MPAS {#177}? BRICEIDA LOPEZ, an individual, JOSE Case No.: 18CIV01696 r—tr—i UJN SOLIS, an individual, MEMORANDUM OF POINTS AND Plaintiffs, AUTHORITIES IN SUPPORT OF H .b EXPARTE APPLICATION FOR ORDER V. SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING PAUL BONIFACIO, an individual; JAMES T. HULTQUIST TO APPEAR AS MARGARET HYUN, an individual; ATTORNEY PRO 1L4C VYCE AMERIGAS PROPANE, INC., a corporation; OOQOSUI HHHH AMERIGAS, INC., a corporation; and DOES DATE: May 22, 2019 ONE through ONE-HUNDRED, inclusive, TIME: 2:00 p.m. DEPT: Law & Motion Defendants. COMPLAINT: April 6, 2019 TRIAL: November 18.2019 I. INTRODUCTION On September 20, 201 8, Briceida Lopez and Jose Solis (collectively “Plaintiffs”) filed an amended complaint in this action naming AmeriGas Propane, L.P., AmeriGas Propane, Inc. and AmeriGas, Inc. (collectively “AmeriGas”) as defendants. AmeriGas seeks to have James T. OOQQUI-bWND—‘OKO NNNNNNNNNH Hultquist appear as additional counsel to prepare for; and participate in,the litigation of this matter. Good cause exists for this motion to be heard on shortened time, as the depositions of 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 4829-5940-3927.1 36942/00009 _1_ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION contemplates his involvement in upcoming expert discovery and percipient witness discovery anticipated prior to the November 18, 2019 trial date. A Motion for an Order Permitting James T. Hultquist to Appear as Counsel Pro Hac Vice (“Original Hultquist Pro Hac Vice Motion”) was made by AmeriGas on March 29, 2019. \OOOQONUI-QUJNy—I 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. On May 13, 2019, the Court denied the Original Hultquist Pro Hac Vice Motion without prejudice. AmeriGas refiled the Motion for an Order Permitting James T. Hultquist to Appear as Counsel Pro Hac Vice on May 17, 2019. (“May 17, 2019 Pro Hac Motion”) Pursuant to the local rules of court and calendar of the Court,‘ the May 17, 2019 Pro Hac Motion is unable to be heard until July 1, 2019. AmeriGas respectfillly requests the Court enter an ordering shortening time on the May 17, 2019 Pro Hac Motion. Pursuant to Code of Civil Procedure §1005, the Court is permitted to shorten the time for hearing on a motion When good cause exists. Mr. Hultquist’s involvement is necessary with respect to pending deposition discovery of fact witnesses, including those of defendant homeowners set for June 25, 2019, additional planned depositions of fact witnesses in the month 0f June 2019, as well as in the preparation of AmeriGas’ defenses prior to the November 18, 2019 trial. Specifically, an order shortening time isnecessary to NNNNNNNNNHr—Ir—IHHHHHHH avoid further prejudice and uncertainty, as Mr. WQONUIAUJNt-‘OCOOQONUI-bwmblo Hultquist’s participation isnecessary to the defense of AmeriGas in this action. As shown by the accompanying declaration of Haley L. Hansen, proper notice was given to all parties of this ex parte request. Plaintiffs do not oppose this ex parte application; nor was the Hultquist Pro Hac Vice Motion heard on May 13, 2019 opposed. In the alternative, defendants request the issuance of an order shortening time to hear their motion for reconsideration. If the Court is unwilling to grant the requested relief through an ex parte application, an order shortening time isnecessary to avoid filrther prejudice and uncertainty, as Mr. Hultquist’s participation is necessary to the defense of AmeriGas in this action. 4829-5940-3927.1 36942/00009 —2— MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION In accordance with California Rules of Court and California Code of Civil Procedure §1005, defendant respectfillly request that this Court enter an order to shorten the notice period Amt.) and hear the May 17, 201 9 Pro Hac Motion on shortened time. Specifically, AmeriGas requests the motion be heard on or before May 30, 2019 as necessary to permit Mr. Hultquist to participate in upcoming motions and discovery in June 2019. No one intends to oppose the motion and all parties will be present for a conference with the Court May 30, 2019. KOOOQQUI II. STATEMENT OF FACTS A. Procedural Status The instant action was originally filed on April 6, 2018. Plaintiffs filed their first 10 amended complaint on September 20, 2018. Trial in this matter is set for November 18, 2019. 11 A Motioh for an Order Permitting James T. Hultquist to Appear as Counsel Pro Hac Vice 12 (“Original Hultquist Pro Hac Vice Motion”) was made by AmeriGas on March 29, 2019. The 13 hearing for the Original Hultquist Pro Hac Vice Motion was set for May 13, 2019 at 9:00 a.m. 14 (Hansen Dec. 1M.) 15 On May 13, 2019, Judge Greenberg adopted the tentative ruling denying the Original 16 Hultquist Pro Hac Vice Motion. Specifically, the order states as follows: “The application to 17 appear pro hac vice is denied without prejudice for failure to provide proof that the application 18 and notice of hearing were served 6n the State Bar in compliance with CRC 9.40(c) and 19 CCP 1005. The proof of service indicates that the moving papers were served on the State Bar 20 by giving them to a messenger service on March 29, 2019. However, here is no declaration 21 from the messenger as to how or when the documents were actually delivered.” (Hansen Dec. ‘ 22 115.) 23 Pursuant to the tentative ruling of the Court, the Original Hultquist Pro Hac Vice Motion 24 was only denied for failure to provide a declaration of the messenger who served the California 25 State Bar. (Exhibit A to the accompanying Declaration of Haley L. Hansen 115 (“Hansen Dec.”); 26 Tentative Ruling on Original Hultquist Pro Hac Vice Motion.) AmeriGas received the 27 declaration from the messenger on May 14, 20 1(9, one d'ay after the hearing date on the Original 28 Hultquist Pro Hac Vice Motion. (Hansen Dec. 116.) This declaration clearly outlines how and 4829-5940-3927.1 36942/00009 — 3‘ — IWEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION when the documents of the Original Hultquist Pro Hac Vice Motion were actually delivered to the StateBbar. (Hansen Dec. 117.) Good cause exists as to why the declaration was not submitted prior to the entry of the order. Counsel of record for AmeriGas, Keith Gillette, was participating in arbitration at the time 0f the hearing and tentative ruling. Excusable oversight resulted in Mr. Gillette’s failure to review the tentative ruling on the Original Hultquist Pro Hac Vice Motion. (Hansen Dec. 119.) \DOONO'NUI-P B. AmeriGas will be Irreparablv Harmed if the Request Not Granted i_s 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 10 this matter, and that he be admitted pro hac vice to represent their interests and avoid prejudice 11 to AmeriGas. (Hansen Dec. 119.) If the instant request is not granted, AmeriGas Will be 12 irreparably harmed given that the knowledge of Mr. Hultquist is essential to the defenses and 13 strategy of AmeriGas in this matter. (Hansen Dec. 1110.) There will be no harm to any of the 14 parties if the request is granted, as evidenced by the failure of any party to oppose the Original 15 Hultquist Pro Hac Vice Motion. (Hansen Dec. {[1 1.) 16 On May 17, 2019, AmeriGas filed the current Motion for an Order Permitting James T. 17 Hultquist to Appear as Counsel Pro Hac Vice (“May 17, 2019 Pro Hac Motion”). (Hansen Dec. 18 1H2.) On May 20, 2019, AmeriGas was informed the hearing date on the May 17, 2019 Proc 19 Hac Motion was set, pursuant to local rules and the Court’s availability, for July 1, 2019, 31 20 court days later. (Hansen Dec. 1113.) The hearing date on July 1 2019 will cause irreparable 21 harm to AmeriGas as they will be prohibited from having Mr. Hultquist involved in upcoming 22 motion work, expert discovery, and witness depositions. (Hansen Dec. 1114.) Good cause exists 23 for this motion to be heard on shortened time, as the depositions of the homeowner defendants 24 are set for June 25, 2019; and depositions of other fact witnesses are anticipated to be taken in 25 June 2019. Mr. Hultquist’s role as additional counsel also contemplates his involvement in 26 upcoming expert discovery and percipient witness discovery anticipated prior to the 27 November 18, 2019 trial date. (Hansen Dec. 1115.) 28 4829—5940-3927.1 36942/00009 —4— MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION x/ On May 20, 2019, 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 order to permit Mr. Hultquist to be admitted pro hac vice for purposes 0f this matter. (Hansen Dec. 1116.) VONUI-bww C. Notice of the Ex Parte Application On May 17; 2019, AmeriGas informed all parties and their attorneys of record of their intent to appear ex parte to seek an order to shorten time on the May 17, 2019 Pro Hac Motion. OO There has been no notice of an intent to oppose this request; nor did plaintiffs or any other party oppose the Original Hultquist Pro Hac Vice Motion heard on May 13, 2019. (Hansen Dec. 10 1117.) 11 III. LEGAL ARGUMENT 12 A. AmeriGas Will Face Irreparable Harm 13 Pursuant to California Rules of Court, Rules 3.1200, et seq., an ex parte application must 14 make an affirmative factual showing of irreparable harm, immediate danger, or any other 15 statutory basis for granting relief ex parte. Here, Mr. Hultquist is essential to the defenses and 16 strategy of AmeriGas in this matter. As evidenced above and throughout this application, the 17 hearing date on the May 17, 2019 Pro Hac Motion currently set for July 1 2019 will cause 18 irreparable harm to AmeriGas as they will be prohibited from having Mr. Hultquist involved in 19 upcoming motion work, expert discovery, and witness depositions. The July 1, 2019 hearing 20 date is approximately 31 court days; nearly twice the required notice period under §1005. Due 21 to Mr. Hultquist’s knowledge of the issues raised in this litigation, it is AmeriGas’ desire that 22 he become ohe of the attorneys permitted to appear and speak for them in this matter, and that 23 he be admitted pro hac vice to represent its interests and avoid prejudice to AmeriGas. 24 /// 25 /// 26 /// 27 /// 28 /// 4829-5940-3927.1 36942/00009 —5— MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION Additionally, AmeriGas will not only face harm, but it isclear the order to shorten time will not harm or prejudice any other party in this action. In fact, plaintiffs have repeatedly indicated their intent not to oppose a pro hac motion for Mr. Hultquist. . Accordingly, AmeriGas respectfiJIIy requests the Court grant the order to shorten time for the pro COGNQUIAUJNH hac motion and allow the motion to be heard on or before May 30, 2019 as necessary to avoid fuITher harm and delay t0 AmeriGas. B. m The Court has Authoritv to Hear the Mav 17, 2019 Pro Hac Motion on Shortened AmeriGas respectfully requests that the Court hear its May 17, 2019 Motion for Pro Hac on shortened notice. Section 1005(b) of the Code of Civil Procedure provides: “[u]n1ess otherwise ordered or specifically provided by law all moving and supporting papers shall be served and filed at least 16 calendar days before the hearing. . .. The court, 0r ajudge thereof; may prescribe a shorter time.” CCP §1‘005 (emphasis added). As evidenced throughout this request, AmeriGas will suffer irreparable harm if they are required to file their motion for reconsideration as a regularly noticed motion and wait the statutory minimum amount of 16 court days. In fact, given the procedures and calendar of the Court, AmeriGas cannot have their motion heard until 31 court days later, on July 1, 2019. Delays further disallow AmeriGas’ NNNNNNNNNy—Ir—Ar—AHHHp—Ib—AHH counsel of choice, James T. Hultquist, from participating in the defense of AmeriGas’ interests and providing his particular and unique knowledge of the OOQONUIhUJNF—‘OKOOOQONUIAUJNHO issues of the case. This delay and uncertainty will cause hardship and prejudice to AmeriGas. Accordingly, AmeriGas respectfillly requests the Court grant the order to shorten time for the pro hac motion and allow the motion to be heard on or before May 30, 2019 as necessary to avoid furthér harm and delay to AmeriGas. /// /// /// /// /// 4829-5940-3927.1 36942/00009 —6— MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION id IV. CONCLUSION IQ For all of the forgoing reasons, AmeriGas respectfully requests that the Court reconsider U) and grant the Hultquist Pro Hac Vice Motion. ¥> DATED: May 21, 2019 U1 BULLIVANT HOUSER BAILEY PC ON \J By Keith‘Gillette 00 Haley L. Han n ‘O Attorneys for Defendants AMERIGAS PROPANE, LP; AMERIGAS pa PROPANE, INC.; and AMERIGAS, INC. ht ***** pa pa pa pa ha pd pd ha OOQONUI-thr—‘OKDOONONUIAUJNHO k) k) k) h) h) h) k) h) h) 4829-5940-3927.1 36942/00009 —7— MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION )—t PROOF OF SERVICE Bricedia Lopez, et al. v. Paul Bonifacio, et al. N 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 Ul-AUJ am over the age of eighteen (18) and not a party to this action. On May 21, 2019, I served the document entitled: , MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 0F ON DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. Q HULTQUIST TO APPEAR AS ATTORNEY PRO 1L4C VICE 0° upon the following parties: \D COUNSEL EMAIL ADDRESS! ES} MATTHEW D. DAVIS mdavis@walkuplawoffice.com SPENCER J. PAHLKE spahlke@wa1kuplawoffice.com Walkup, Melodia, Kelly & Schoenberger kbenzien@walkup1awoffice.com 650 California Street, 26th Floor ssaephan@wa1kup1awoffice.com San Francisco, CA 94108-2615 Telephone: 415.981.7210 Facsimile: 415.391.6965 Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE SOLIS SHAWN A. TOLIVER Shawn.toliver@lewisbrisbois.com JULIE M. AZEVEDO julie.azevedo@lewisbrisbois.com Lewis Brisbois Bisgaard & Smith, LLP NNNNNNNNNr—Ir—Ip—Ar—tr—Ar—Ar—Ap—Ip—np—n rose.chan@1ewisbrisbois.com 333 Bush Street, Suite 1100 San Francisco, CA 94104-2872 Telephone: 415.362.2580 Facsimile: 415.434.0882 OOQONUI-wat—‘OOOONQUIAUJNHO Attorneys for: Defendants PAUL BONIFACIO and MARGARET HYUN JAMES T. HULTQUIST jhultquist@reedsmith.com Reed Smith LLP 10 South Wacker Drive Chicago, IL 60606-7507 Telephone: 3 12.207. 1 000 Facsimile: 312.207.6400 Attorneys for: Defendant AMERIGAS PROPANE, LP (x) BY EMAIL OR ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to electronic service, I caused a copy of the document to be sent from e-mail address 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 other indication that the transmission was unsuccessful. 4829-5940-3927.1 36942/00009 — 8 — IWEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION x ‘7’ \,(/ F‘ On May 21, 2019, I served the document entitled: t0 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING (N TIME TO HEAR MOTION FOR ORDER ALLOWING JAMES T. HULTQUIST TO APPEAR AS ATTORNEY PRO H4C VICE -h upon the vfollowing party: U1 ON Pro Hac Vice Program The State Bar 0f California \J 180 Howard Street San Francisco. CA 941 05 0° (x) BY MESSENGER SERVICE: I placed a true and correct copy of the above-entitled \O document in a sealed envelope addressed as indicated above and provided it to a professional messenger service for delivery during normal business hours on this date. A Pd <3 proof of service from said messenger service will be signed and filed as soon as the document has been delivered. hdh‘ I declare under penalty of pteury, under the laws of the State of California, that the NJ ha foregoing lstrue and correct. pd DJ Executed on May 21, 2019, at San Francisco, California. ¥h ha haU1 ?%ERTA (If.BEACH pd O\ ***** pd \J bl0° Hi \o h) C> L)H‘ k) k) k) U) N) ¥> IQ U1 t0 C\ b) \J h) a: 4829-5940-3927.1 36942/00009 . — 9 — MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR MOTION