NOTICE 

COMMENTS 

Form 

Filed
"Notice of Motion and Motion to Be Relieved as Counsel-Civil form
(MC-051)."¿ CRC Rule 3.1362(a) 

DECLARATION 

Form 

Filed
"Declaration in Support of Attorney's Motion to Be Relieved as
Counsel-Civil form (MC-052)."¿ CRC Rule 3.1362(c). 

Terms 

Declaration states
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).¿ CRC Rule 3.1362(c). 

Breakdown in communication between Plaintiff and
attorney.

SERVICE 

Parties 

The notice of motion
and motion and declaration were served on the client and on all other parties
who have appeared in the case, by personal service or mail.¿ CRC Rule
3.1362(d). 

Declaration 

Notice served on
the client by mail, and accompanied by a declaration stating facts showing
that either (1) the service address is the current residence or business
address of the client or (2) the service address is the last known residence
or business address of the client and the attorney has been unable to locate
a more current address after making reasonable efforts to do so within 30
days prior to the filing of the motion to be relieved. CRC Rule
3.1362(d). 

Served the client by mail and counsel confirmed
within the past 30 days that the address is current by telephone.

Current Address 

Address confirmed
within 30 days prior to the filing of the motion to be relieved. Merely
demonstrating that the notice was sent to the client’s last known address and
was not returned will not, by itself, be sufficient to demonstrate that the
address is current.¿¿ CRC Rule 3.1362(d). 

.  

CCP §1011(b) 

If service was by
mail, Code of Civil Procedure section 1011(b) requirements satisfied.¿CRC
Rule 3.1362(d). 

ORDER 

Lodged 

A proposed order¿on
the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil form
(MC-053) lodged with the court.¿ CRC Rule 3.1362(e). 

Served 

Order served on the
client with moving papers. CRC Rule 3.1362(e). 

Dates 

The order specifies
all hearing dates scheduled in the action or proceeding, including date of
trial.¿ CRC Rule 3.1362(e).