ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slate bar number, and address): FOR COURT USE ONLY
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. :
TELEPHONE NO.: ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FAX NO.:
Index No. Calendar No.
: : : :
Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . .NOTICE .OF.MOTION. AND.MOTION ....... .. ....... .... .... TO BE RELIEVED AS COUNSEL--CIVIL THE PEOPLE OF THE STATE client): TO (name and address of OF NEW YORK TO
DEPT.: BEFORE HON.: DATE ACTION FILED: TRIAL DATE:
1. PLEASE TAKE NOTICE that (name of withdrawing attorney): moves under California Code of Civil Procedure section 284(2) and California Rules of Court, rule 3.1362, for an order permitting the attorney to be relieved as attorney of record in this action or proceeding. 2. A hearing on this motion to be relieved as counsel will be held as follows:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before a. Time: Dept.: Room: , the Honorable Date: at the Court located at County of court: same as noted above o'clock in the (specify): and at any recessed other in room b. The address of the day of , on the , 20 , at noon, or adjourned date, to testify and give evidence as a witness in this action on the part of the
3. Your failure to comply with this accompanying declaration, the papers and court and will make you liable to This motion is supported by the subpoena is punishable as a contempt of records filed in this action or proceeding, and the party on whose behalf this subpoena was issued for (specify): the following additional documents or evidence a maximum penalty of $50 and all damages sustained as a result of your failure to comply.
Witness, Honorable Court in County,
, one of the Justices of the day of , 20
(Attorney must sign above and type name below)
(This motion does not need to be accompanied by a memorandum of points and authorities. Cal. Rules of Court, rule 3.1362.)
4. The client presently represented by the attorney is a. an individual. b. a corporation. c. a partnership. d. an unincorporated association. e. a guardian. a conservator. f.
g. a trustee. h. a personal representative. i. and P.O. probate fiduciary. a Address Office j. a guardian ad litem. k. other (specify):
Form Adopted for Mandatory Use Judicial Council of California MC-051 [Rev. January 1, 2007]
Telephone No.: Facsimile No.: E-Mail Address: (Continued on reverse) Mobile Tel. No.: MOTION NOTICE OF MOTION AND TO BE RELIEVED AS COUNSEL--CIVIL
American LegalNet, Inc. www.FormsWorkflow.com
Page 1 of 2 Code of Civil Procedure , § 284; Cal. Rules of Court, rule 3.1362 www.courtinfo.ca.gov
CASE NAME: CASE NUMBER:
NOTICE TO CLIENT
If this motion to be relieved as counsel is granted, your present attorney will no longer be representing you. You may not in most cases represent yourself if you are one of the parties on the following list: · A guardian · A conservator · A trustee · A personal representative · A probate fiduciary · A corporation · A guardian ad litem · An unincorporated association
If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL REPRESENTATION. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a default judgment. 5. If this motion is granted and a client is representing himself or herself, the client will be solely responsible for the case.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself. It will be your responsibility to comply with all court rules and applicable laws. If you fail to do so, or fail to appear at hearings, action may be taken against you. You may lose your case. 6. If this motion is granted, the client must keep the court informed of the client's current address.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
If this motion to be relieved as counsel is granted, the court needs to know how to contact you. If you do not keep the court and other parties informed of your current address and telephone number, they will not be able to send you notices of actions that may affect you, including actions that may adversely affect your interests or result in your losing the case.
(TYPE OR PRINT NAME)
(SIGNATURE OF ATTORNEY)
Attorney for (name):
MC-051 [Rev. January 1, 2007]
NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL--CIVIL
Page 2 of 2