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 of attorney-client relationship.

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 at client’s last known address and attorney has confirmed that the address is current within past 30 days by mail, return receipt requested.

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). 

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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).