Judge: Peter A. Hernandez, Case: 24STCV09821, Date: 2025-06-04 Tentative Ruling

Case Number: 24STCV09821    Hearing Date: June 4, 2025    Dept: 34

Reyes Coca-Cola Bottling LLC v. SPE Trading Inc. (24STCV09821) 

Defendant SPE Trading, Inc.’s Counsel Glenn A. Besnyl’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

Background

            On April 18, 2024, Plaintiff Reyes Coca-Cola Bottling LLC (“Plaintiff”) filed a complaint against Defendant SPE Trading, Inc. (“Defendant”) alleging causes of action for:

1.                 For Goods and Services Sold and Rendered;

2.                 Account Stated; and

3.                 Open Book Account.

On August 27, 2024, Defendant filed an answer.

On April 22, 2025, counsel for Defendant, Glenn A. Besnyl (“Counsel”), filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration in Support of Motion to be Relieved as Counsel; (3) MC-053, Proposed Order; and (4) Proof of Service. No opposition or other response has been filed.

Legal Standard

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362.

To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).)

The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Ibid.) 

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Discussion

Counsel’s motion complies with the requirements of California Rules of Court, rule 3.1362, in that Counsel provided a motion to be relieved as counsel; a declaration in support; a proposed order granting Counsel’s motion; and proof of service.

            The declaration states that Counsel has had no communication with Defendant in the past two weeks. (Besnyl Decl., ¶ 2.) Additionally, Defendant has not been cooperative in preparing for trial or settling the matter. (Ibid.) Counsel also declares that Defendant requested that Counsel waited to file this motion for Defendant to review the matter but subsequently failed to communicate with Counsel. (Ibid.)

            The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met. The court grants the requested withdrawal effective upon the filing of proof of service showing service of the signed order to Defendant.

Conclusion

Defendant SPE Trading, Inc.’s Counsel Glenn A. Besnyl’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.