Glovis America, Inc. v. Red Energy, Inc., et al.

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT RED ENERGY, INC., AND DEFENDANT SERGEY VERSHININ

 

MOVING PARTY: Thomas P. Bleau (counsel for Defendants Red Energy Inc. and Sergey Vershinin)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Glovis America, Inc., brings this action against Defendants Red Energy Inc., Royal Express Delivery Inc., Sunoil Retail Group Inc., Smart Place Inc, and Sergey Vershinin. Plaintiff alleges Vershinin is the shareholder and president of the entities. Plaintiff, a logistics and distribution company, alleges it supplied Defendants with petroleum pursuant to written contracts. Defendants allegedly failed to make payments due. Plaintiff brings causes of action for (1) breach of contract, (2) breach of personal guaranty, and (3) account stated.

Defendants have Cross-Complained against Plaintiff, alleging Plaintiff/Cross-Defendant has engaged in false or deceptive billing practices to charge Defendant/Cross-Complainants for products not actually provided. Cross-Complainants assert claims against Glovis for (1) breach of contract, (2) negligence, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) conversion, (6) unfair business practices, and (7) accounting.

Counsel Thomas P. Bleau now moves to be relieved as counsel for Defendants Red Energy Inc. and Sergey Vershinin. No oppositions were filed.

TENTATIVE RULING:

Counsel’s motion to be Relieved as Counsel is CONDITIONALLY GRANTED on the requirement that withdrawing counsel to file mandatory form MC-053, consistent with this ruling.

Moving counsel is ordered to give notice.

DISCUSSION:

Motion to be Relieved as Counsel

A. Legal Standard

For a motion to be relieved as counsel under CCP section 284, subdivision¿(2), California Rules of Court rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel – Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP section 284(2) is brought instead of filing a consent under CCP section¿284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel – Civil form (MC-052)); (3) service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel – Civil form (MC-053)).¿ (Cal. Rules of Court, rule 3.1362.)¿

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

B. Analysis

Counsel filed Civil forms MC-051 and MC-052 as to Defendants Red Energy Inc. and Sergey Vershinin only.  Counsel did not file form MC-053, which is a mandatory form.

Form MC-052 states that counsel “personally served” the clients with the motion. (Form MC-052 ¶ (3)(a).) However, the proof of service actually reflects service on client Sergey Vershinin by mail on January 30, 2025. (See Proof of Service.)  Counsel confirmed Vershinin’s address by email. (Form MC-052 ¶ 3(b).) 

In support of withdrawal, Counsel states that the client “has not provided [counsel] with the accurate and complete information” needed to mount a defense, and cites a general lack of communication. (MC-052, ¶ 2.) 

Based on the foregoing, “good cause” for withdrawal has been adequately demonstrated by Counsel. However, the motion cannot be granted absent Form MC-053 (Order.)

Counsel must file and serve form MC-053. Form MC-053 must also indicate that the next hearing will be an OSC re; Striking of Answer on 4/8/25 at 8:30 a.m.  IF THE ENTITY DEFENDANT RED ENERGY INC. DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS ANSWER MAY BE STRICKEN.  ADDITIONALLY, NEW COUNSEL MUST BE READY, WILLING AND ABLE TO PROCEED TO TRIAL, IF NEEDED.

Once counsel does so, the motion to be relieved will be granted as to Defendants Vershinin and Red Energy, Inc.

IT IS SO ORDERED.

Dated:  February 27, 2025 ___________________________________