A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel Cm/(form MC-051).
Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.
The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney’s Motion to Be Relieved as CounselCivil (form MC-052). The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).
The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.
(Subd (d) amended effective January 1, 2017; adopted as subd (c); previously relettered and amended effective July 1, 2000; previously amended effective July 1, 1991, January 1, 1996, January 1, 2007, and January 1, 2009.)
The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel-Civil form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.
Cal. R. Ct. 3.1362