Pro hac vice application: Application for Admission of Alex Spiro as Counsel Pro Hac Vice for Appellant Elon Musk; Memorandum of Points and Authorities in Support; Verified Application of Alex Spiro
Page 1 No. AIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOR THE FIRST APPELLATE DISTRICT, DIVISION ONE
RANDEEP HOTHI,
Plaintiff-Respondent,
v.
ELON MUSK,
On Appeal from the Superior Court for the County of Alameda
Hon. Julia Spain, Judge,
Case No. RGAPPLICATION FOR ADMISSION OF ALEX SPIRO AS COUNSEL
PRO HAC VICE FOR APPELLANT ELON MUSK;
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT;
VERIFIED APPLICATION OF ALEX SPIRO
ALEX SPIRO
MICHAEL T. LIFRAK
(pro hac vice admission
(S.B. No. 210846)
pending)
JEANINE ZALDUENDO
QUINN EMANUEL URQUHART
(S.B. No. 243374)
& SULLIVAN, LLP
QUINN EMANUEL URQUHART
51 Madison Avenue, 22nd Floor
& SULLIVAN, LLP
New York, NY 865 S. Figueroa Street, 10th Fl.
Telephone: (212) 849-Los Angeles, CA Facsimile: (212) 849-Telephone: (213) 443-alexspiro@quinnemanuel.com
Facsimile: (212) 443-michaellifrak@quinnemanuel.com
Counsel for Defendant-Appellant Elon Musk
Document received by the CA 1st District Court of Appeal.
Defendant-Appellant.
-1APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 2 APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX
SPIRO TO APPEAR AS COUNSEL FOR APPELLANT
Pursuant to Rules 8.54 and 9.40 of the California Rules of Court,
I, Michael T. Lifrak, respectfully submit this application for pro hac vice
admission of Alex Spiro to appear as counsel for Appellant Elon Musk
in the above-entitled matter.
This application is based on the
accompanying memorandum of points and authorities and the verified
Dated: June 10,
Respectfully submitted,
/s/ Michael T. Lifrak
MICHAEL T. LIFRAK
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
865 S. Figueroa Street, 10th Fl.
Los Angeles, CA Telephone: (213) 443-Facsimile: (212) 443-michaellifrak@quinnemanuel.com
Counsel for Appellant Elon Musk
Document received by the CA 1st District Court of Appeal.
declaration of Alex Spiro.
-2APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 3 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX
SPIRO TO APPEAR AS COUNSEL FOR APPELLANT
Rule 9.40 of the California Rules of Court provides that a person
“who is not a licensee of the State Bar of California but who is an
attorney in good standing of and eligible to practice before the Bar of
any United States Court or the highest court in any state,” and “who
has been retained to appear in a particular cause pending in a court of
application to appear as counsel pro hac vice, provided that an active
licensee of the State Bar of California is associated as counsel of record.”
Under this rule, the application shall be made by motion as set forth in
California Rules of Court, rule 8.54, and it shall include the information
listed in Rule 9.40(d).
As set forth in the attached Declaration of Alex Spiro, all
requirements of Rule 9.40 have been met. Appellant Elon Musk has
retained Mr. Spiro to appear in this matter. Mr. Spiro resides outside
of California, does not regularly practice law in California, and is a
member of good standing in all state and federal courts to which he is
admitted.
Document received by the CA 1st District Court of Appeal.
this state, may in the discretion of such court be permitted upon written
-3APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 4 Per rule 9.40(c)(2), Counsel for Appellant has notified and
provided copies of this application and supporting documents to the
State Bar of California through the Admissions Information
Management System (AIMS) and by mail to its San Francisco address.
And in compliance with rule 9.40(e), Counsel has submitted the
required $50.00 fee for the application.
Dated: June 10,
Respectfully submitted,
/s/ Michael T. Lifrak
MICHAEL T. LIFRAK
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
865 S. Figueroa Street, 10th Fl.
Los Angeles, CA Telephone: (213) 443-Facsimile: (212) 443-michaellifrak@quinnemanuel.com
Counsel for Appellant Elon Musk
Document received by the CA 1st District Court of Appeal.
For all of these reasons, the Court should grant the Application.
-4APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 5 DECLARATION OF ALEX SPIRO
I, ALEX SPIRO, hereby declare:
1.
I hereby request leave of this Court to appear as counsel
for ELON MUSK ("MUSK") pro hac vice. I have been retained as counsel
for MUSK. I have personal knowledge of the facts stated herein and, if
called as a witness, could testify competently thereto.
I am a resident of Florida. Mу home address is 530 Ocean
Drive, #1103, Juno Beach, FL 33408.
Mу office address is Quinn
Emanuel Urquhart & Sullivan, LLP, 51 Madison Avenue, 22nd Floor,
New York, NY 10010-1601.
3.
I am not a resident of the State of California. I do not
regularly practice law in the State of California. I am not regularly
employed in the State of California or engaged in any substantial
business, professional, or other activities in the State of California.
4.
I am a member in good standing and eligible to practice
before the following courts:
Court (Bar/Registration
Number)
Date of Admission
State of New York
(4656542)
December 9,
Document received by the CA 1st District Court of Appeal.
2.
-5APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 6 United States Supreme
Court (309317)
April 14,
U.S. Courts of Appeals
Second Circuit (309317)
February 25,
U.S. District Courts
Eastern District of New
York (AS 6078)
August 7,
Southern District of
New York (AS 3143)
August 6,
I am not currently suspended or disbarred in any court,
nor have I been in the past.
6.
In the preceding two years, I filed the following
applications to appear as counsel pro hac vice in California:
On May 13, 2019, I applied for pro hac vice admission in the
United States District Court for the Central District of
California, in Unsworth v. Musk, Case No. 2:18-cv-08048. My
application was granted.
On December 11, 2019, I applied for pro hac vice admission in
the Superior Court of the State of California for the County of
San Francisco, in Core Venture Capital LLC v. Findley, Case. No.
CGC-18-570749. My application was granted.
Document received by the CA 1st District Court of Appeal.
5.
-6APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 7 On December 11, 2019, I applied for pro hac vice admission in
the California Court of Appeal for the First District, in Findley
v. Core Venture Capital LLC, Case. No. A157692.
My
application was granted.
On October 23, 2020, I applied for pro hac vice admission in the
Superior Court of the State of California for the County of Los
Angeles, in Amir Dayan v. Jennifer Dayan, Case. No.
On October 29, 2020, I applied for pro hac vice admission in the
Superior Court of the State of California for the County of
Alameda, in Hothi v. Musk, Case No. RG20069852.
My
application was granted.
7.
The name, address, and telephone number of the active
member of the State Bar of California who is counsel of record for Mr.
Musk is: Michael Lifrak, Quinn Emanuel Urquhart & Sullivan, LLP, S. Figueroa Street, 10th Floor, Los Angeles, CA 90017; telephone: (213)
443-3000; email: michaellifrak@quinnemanuel.com.
Document received by the CA 1st District Court of Appeal.
20STCV17088. My application was granted.
-7APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 8 I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on June 10, 2021 at Miami, Florida.
DATED: June 10, By
Document received by the CA 1st District Court of Appeal.
Alex Spiro
-8APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIROPage 9 PROOF OF SERVICE
I am employed in the County of Los Angeles, State of
California. I am over the age of eighteen years and not a party to the
within action; my business address is 865 S. Figueroa Street 10th Floor,
Los Angeles, CA 90017.
Lawrence J. Fossi
25 Hawthorn Lane
Bozeman, MT lawrence.fossi@outlook.com
Law Office of D. Gill Sperlein
345 Grove Street
San Francisco, CA gill@sperleinlaw.com
On June 10, 2021, I served true and correct copies of the
foregoing APPLICATION FOR PRO HAC VICE ADMISSION OF
ALEX SPIRO TO APPEAR AS COUNSEL FOR APPELLANT ELON
MUSK; MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT; DECLARATION OF ALEX SPIRO on the California State
Bar at its San Francisco office by: (1) mailing a copy to: Pro Hac Vice
Program, Office of Special Admissions, The State Bar of California,
180 Howard Street, San Francisco, CA 94105; and (2) causing the
documents to be uploaded through the online application portal,
AIMS, along with payment of $50.00 representing the processing fee
contemplated by California Rule of Court 9.40(e).
Document received by the CA 1st District Court of Appeal.
On June 10, 2021, I served true and correct copies of the
foregoing APPLICATION FOR PRO HAC VICE ADMISSION OF
ALEX SPIRO TO APPEAR AS COUNSEL FOR APPELLANT ELON
MUSK; MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT; DECLARATION OF ALEX SPIRO by emailing a true and
correct copy through Quinn Emanuel’s email system from
jeaninezalduendo@quinnemanuel.com to the email addresses set
forth below:Page 10 I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on June 10, 2021, at Los Angeles, California.
Document received by the CA 1st District Court of Appeal.
/s/ Jeanine M. Zalduendo
Jeanine M. Zalduendo
PDF Page 1
PlainSite Cover Page
PDF Page 2
No. A162400
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOR THE FIRST APPELLATE DISTRICT, DIVISION ONE
RANDEEP HOTHI,
Plaintiff-Respondent,
v.
ELON MUSK,
On Appeal from the Superior Court for the County of Alameda
Hon. Julia Spain, Judge,
Case No. RG20069852
APPLICATION FOR ADMISSION OF ALEX SPIRO AS COUNSEL
PRO HAC VICE FOR APPELLANT ELON MUSK;
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT;
VERIFIED APPLICATION OF ALEX SPIRO
ALEX SPIRO
MICHAEL T. LIFRAK
(pro hac vice admission
(S.B. No. 210846)
pending)
JEANINE ZALDUENDO
QUINN EMANUEL URQUHART
(S.B. No. 243374)
& SULLIVAN, LLP
QUINN EMANUEL URQUHART
51 Madison Avenue, 22nd Floor
& SULLIVAN, LLP
New York, NY 10010
865 S. Figueroa Street, 10th Fl.
Telephone: (212) 849-7000
Los Angeles, CA 90017
Facsimile: (212) 849-7100
Telephone: (213) 443-3000
alexspiro@quinnemanuel.com
Facsimile: (212) 443-3100
michaellifrak@quinnemanuel.com
Counsel for Defendant-Appellant Elon Musk
Document received by the CA 1st District Court of Appeal.
Defendant-Appellant.
-1APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 3
APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX
SPIRO TO APPEAR AS COUNSEL FOR APPELLANT
Pursuant to Rules 8.54 and 9.40 of the California Rules of Court,
I, Michael T. Lifrak, respectfully submit this application for pro hac vice
admission of Alex Spiro to appear as counsel for Appellant Elon Musk
in the above-entitled matter.
This application is based on the
accompanying memorandum of points and authorities and the verified
Dated: June 10, 2021
Respectfully submitted,
/s/ Michael T. Lifrak
MICHAEL T. LIFRAK
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
865 S. Figueroa Street, 10th Fl.
Los Angeles, CA 90017
Telephone: (213) 443-3000
Facsimile: (212) 443-3100
michaellifrak@quinnemanuel.com
Counsel for Appellant Elon Musk
Document received by the CA 1st District Court of Appeal.
declaration of Alex Spiro.
-2APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 4
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX
SPIRO TO APPEAR AS COUNSEL FOR APPELLANT
Rule 9.40 of the California Rules of Court provides that a person
“who is not a licensee of the State Bar of California but who is an
attorney in good standing of and eligible to practice before the Bar of
any United States Court or the highest court in any state,” and “who
has been retained to appear in a particular cause pending in a court of
application to appear as counsel pro hac vice, provided that an active
licensee of the State Bar of California is associated as counsel of record.”
Under this rule, the application shall be made by motion as set forth in
California Rules of Court, rule 8.54, and it shall include the information
listed in Rule 9.40(d).
As set forth in the attached Declaration of Alex Spiro, all
requirements of Rule 9.40 have been met. Appellant Elon Musk has
retained Mr. Spiro to appear in this matter. Mr. Spiro resides outside
of California, does not regularly practice law in California, and is a
member of good standing in all state and federal courts to which he is
admitted.
Document received by the CA 1st District Court of Appeal.
this state, may in the discretion of such court be permitted upon written
-3APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 5
Per rule 9.40(c)(2), Counsel for Appellant has notified and
provided copies of this application and supporting documents to the
State Bar of California through the Admissions Information
Management System (AIMS) and by mail to its San Francisco address.
And in compliance with rule 9.40(e), Counsel has submitted the
required $50.00 fee for the application.
Dated: June 10, 2021
Respectfully submitted,
/s/ Michael T. Lifrak
MICHAEL T. LIFRAK
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
865 S. Figueroa Street, 10th Fl.
Los Angeles, CA 90017
Telephone: (213) 443-3000
Facsimile: (212) 443-3100
michaellifrak@quinnemanuel.com
Counsel for Appellant Elon Musk
Document received by the CA 1st District Court of Appeal.
For all of these reasons, the Court should grant the Application.
-4APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 6
DECLARATION OF ALEX SPIRO
I, ALEX SPIRO, hereby declare:
1.
I hereby request leave of this Court to appear as counsel
for ELON MUSK ("MUSK") pro hac vice. I have been retained as counsel
for MUSK. I have personal knowledge of the facts stated herein and, if
called as a witness, could testify competently thereto.
I am a resident of Florida. Mу home address is 530 Ocean
Drive, #1103, Juno Beach, FL 33408.
Mу office address is Quinn
Emanuel Urquhart & Sullivan, LLP, 51 Madison Avenue, 22nd Floor,
New York, NY 10010-1601.
3.
I am not a resident of the State of California. I do not
regularly practice law in the State of California. I am not regularly
employed in the State of California or engaged in any substantial
business, professional, or other activities in the State of California.
4.
I am a member in good standing and eligible to practice
before the following courts:
Court (Bar/Registration
Number)
Date of Admission
State of New York
(4656542)
December 9, 2008
Document received by the CA 1st District Court of Appeal.
2.
-5APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 7
United States Supreme
Court (309317)
April 14, 2019
U.S. Courts of Appeals
Second Circuit (309317)
February 25, 2019
U.S. District Courts
Eastern District of New
York (AS 6078)
August 7, 2013
Southern District of
New York (AS 3143)
August 6, 2013
I am not currently suspended or disbarred in any court,
nor have I been in the past.
6.
In the preceding two years, I filed the following
applications to appear as counsel pro hac vice in California:
On May 13, 2019, I applied for pro hac vice admission in the
United States District Court for the Central District of
California, in Unsworth v. Musk, Case No. 2:18-cv-08048. My
application was granted.
On December 11, 2019, I applied for pro hac vice admission in
the Superior Court of the State of California for the County of
San Francisco, in Core Venture Capital LLC v. Findley, Case. No.
CGC-18-570749. My application was granted.
Document received by the CA 1st District Court of Appeal.
5.
-6APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 8
On December 11, 2019, I applied for pro hac vice admission in
the California Court of Appeal for the First District, in Findley
v. Core Venture Capital LLC, Case. No. A157692.
My
application was granted.
On October 23, 2020, I applied for pro hac vice admission in the
Superior Court of the State of California for the County of Los
Angeles, in Amir Dayan v. Jennifer Dayan, Case. No.
On October 29, 2020, I applied for pro hac vice admission in the
Superior Court of the State of California for the County of
Alameda, in Hothi v. Musk, Case No. RG20069852.
My
application was granted.
7.
The name, address, and telephone number of the active
member of the State Bar of California who is counsel of record for Mr.
Musk is: Michael Lifrak, Quinn Emanuel Urquhart & Sullivan, LLP, 865
S. Figueroa Street, 10th Floor, Los Angeles, CA 90017; telephone: (213)
443-3000; email: michaellifrak@quinnemanuel.com.
Document received by the CA 1st District Court of Appeal.
20STCV17088. My application was granted.
-7APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 9
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on June 10, 2021 at Miami, Florida.
DATED: June 10, 2021
By
Document received by the CA 1st District Court of Appeal.
Alex Spiro
-8APPLICATION FOR ADMISSION PRO HAC VICE OF ALEX SPIRO
PDF Page 10
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of
California. I am over the age of eighteen years and not a party to the
within action; my business address is 865 S. Figueroa Street 10th Floor,
Los Angeles, CA 90017.
Lawrence J. Fossi
25 Hawthorn Lane
Bozeman, MT 59715
lawrence.fossi@outlook.com
Law Office of D. Gill Sperlein
345 Grove Street
San Francisco, CA 94102
gill@sperleinlaw.com
On June 10, 2021, I served true and correct copies of the
foregoing APPLICATION FOR PRO HAC VICE ADMISSION OF
ALEX SPIRO TO APPEAR AS COUNSEL FOR APPELLANT ELON
MUSK; MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT; DECLARATION OF ALEX SPIRO on the California State
Bar at its San Francisco office by: (1) mailing a copy to: Pro Hac Vice
Program, Office of Special Admissions, The State Bar of California,
180 Howard Street, San Francisco, CA 94105; and (2) causing the
documents to be uploaded through the online application portal,
AIMS, along with payment of $50.00 representing the processing fee
contemplated by California Rule of Court 9.40(e).
Document received by the CA 1st District Court of Appeal.
On June 10, 2021, I served true and correct copies of the
foregoing APPLICATION FOR PRO HAC VICE ADMISSION OF
ALEX SPIRO TO APPEAR AS COUNSEL FOR APPELLANT ELON
MUSK; MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT; DECLARATION OF ALEX SPIRO by emailing a true and
correct copy through Quinn Emanuel’s email system from
jeaninezalduendo@quinnemanuel.com to the email addresses set
forth below:
PDF Page 11
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on June 10, 2021, at Los Angeles, California.
10
Document received by the CA 1st District Court of Appeal.
/s/ Jeanine M. Zalduendo
Jeanine M. Zalduendo