Big Lots Stores, Inc. v. Superior Court, 57 Cal. App. 5th 773 (2020)

Big Lots, an Ohio corporation, applied to have Ohio counsel (Vorys, Sater, Seymour & Pease LLP) admitted to represent it in a putative class action pending in California. The trial court granted the application but when it learned that attorneys from the Vorys firm also were attempting to represent various current and former Big Lots managers in depositions noticed by plaintiffs, it revoked the authorization for the Vorys lawyers to continue to represent the employer in the ongoing proceeding on the ground that the attorneys should have sought the court’s permission to represent the employees in their depositions. In response to Big Lots’ petition for writ of mandate, the Court of Appeal ordered the trial court to vacate its order granting plaintiffs’ motion to revoke pro hac vice authorization and to conduct further proceedings to determine the appropriate remedy.