California Motion to Withdraw as Counsel

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL — CIVIL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________]

Case No.: [________________]

[________________________________________],
Plaintiff,

v.

[________________________________________],
Defendant.

Dept.: [________]
Hearing Date: [__/__/____]
Hearing Time: [____:____] ☐ AM ☐ PM

NOTICE OF MOTION

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [__/__/____] at [____:____] ☐ AM ☐ PM, or as soon thereafter as the matter may be heard, in Department [________] of the above-entitled court, located at [________________________________________], [________________________________________] ("Moving Attorney") will move to be relieved as attorney of record for ☐ Plaintiff ☐ Defendant ☐ Cross-Complainant [________________________________________] ("Client").

This motion is made pursuant to California Code of Civil Procedure § 284(2) and California Rules of Court, Rule 3.1362.

MOTION TO BE RELIEVED AS COUNSEL

[________________________________________], attorney for [________________________________________], respectfully moves this Court for an order relieving counsel from further representation in this action.

Grounds for Relief

This motion is brought under Cal. Code Civ. Proc. § 284(2) because:

☐ There has been an irreconcilable breakdown in the attorney-client relationship such that counsel cannot effectively represent the client
☐ The client has failed to fulfill an obligation to counsel regarding the representation (Cal. Rules of Prof. Conduct 1.16(b)(5))
☐ The client has made the representation unreasonably difficult (Cal. Rules of Prof. Conduct 1.16(b)(4))
☐ Other good cause exists (stated in general terms to protect attorney-client privilege):
[________________________________________]

DECLARATION IN SUPPORT (SUMMARY)

Note: The full declaration must be filed on Judicial Council Form MC-052.

I, [________________________________________], declare:

1. I am an attorney licensed in California, State Bar No. [________________].

2. I am counsel of record for [________________________________________] in this action.

3. ☐ I have served this motion on the client by personal service / ☐ mail at the client's last known address: [________________________________________].

4. I have confirmed that the client's address is current by: ☐ mail with return receipt requested ☐ telephone contact ☐ other reasonable means: [________________________________________].

5. The following proceedings and deadlines are currently scheduled:

6. Without compromising the attorney-client privilege, the reason for this motion is:
   [________________________________________]
   [________________________________________]

7. Granting this motion will not prejudice the client because: [________________________________________]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________________]
State Bar No.: [________________]

PROPOSED ORDER

Note: The proposed order must be submitted on Judicial Council Form MC-053.

[PROPOSED] ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL — CIVIL

The motion of [________________________________________] to be relieved as counsel for [________________________________________] is:

☐ GRANTED. Counsel is relieved effective upon filing proof of service of this order on the client.
☐ DENIED.

The client's address for service is: [________________________________________]

IT IS FURTHER ORDERED that the next hearing in this matter is [__/__/____] at [____:____] in Department [________].

Date: [__/__/____]

________________________________________
Judge of the Superior Court

PROOF OF SERVICE

I, [________________________________________], declare:

On [__/__/____], I served the foregoing Notice of Motion, Motion, and Declaration on:

Client:
☐ By personal delivery to: [________________________________________]
☐ By first-class mail to client's last known address: [________________________________________]

All Other Parties:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [__/__/____]
Signature: ________________________________________

This template is provided for informational purposes only. Judicial Council Forms MC-051, MC-052, and MC-053 are mandatory. Consult the California Rules of Professional Conduct before filing.