“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: (1) Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; (2) Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)
Rule 3-700(c) provides that “an attorney may withdraw based on any of the following:
(State Bar of California Rule 3-700(c).)
“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-Civil' (form MC-051).” (Cal. Rules of Court 3.1362(a).) “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.”
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. Rules of Court 3.1362(e).)
The motion “must be accompanied by a declaration on the 'Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil' (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).“ (Cal. Rules of Court 3.1362(c).)
As used in this rule, “current” means that the address was confirmed within 30 days before 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 or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.
(Cal. Rules of Court 3.1362(d).)
“The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) However, a motion to withdraw “will not be granted where withdrawal would prejudice the client.” (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)
“Unlike their clients, attorneys do not have an absolute right to withdraw from representation at any time with or without cause. Even where grounds for termination exist, attorneys seeking to withdraw must comply with the procedures set forth in California Rule of Professional Conduct (CRPC) 3-700 and are subject to discipline for failure to do so. Where withdrawal is not mandatory, an attorney normally must continue representation on the matter undertaken. The fact the client or matter proves unpleasant or unprofitable does not excuse attorney performance. The rules have been liberally construed to protect clients.” (See Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197; Chaleff v. Superior Court (1977) 69 Cal.App.3d 721; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)
May 16, 2024
Merced County, CA
Nov 15, 2023
Butte County, CA
Jul 17, 2023
Kern County, CA
Jul 17, 2023
Kern County, CA
Jul 17, 2023
Kern County, CA
Jun 28, 2023
Butte County, CA
May 24, 2023
Butte County, CA
May 24, 2023
Butte County, CA
May 10, 2023
Butte County, CA
May 10, 2023
Butte County, CA
May 03, 2023
Merced County, CA
Apr 19, 2023
Butte County, CA
Apr 06, 2023
Merced County, CA
Mar 08, 2023
Merced County, CA
Mar 08, 2023
Merced County, CA
Jan 04, 2023
Butte County, CA
Jun 30, 2022
Merced County, CA
Jun 15, 2022
Merced County, CA
Jun 15, 2022
Merced County, CA
Jun 01, 2022
Butte County, CA
Mar 23, 2022
Butte County, CA
Feb 02, 2022
Merced County, CA
Feb 02, 2022
Merced County, CA
Jan 26, 2022
Merced County, CA
Jan 13, 2022
Merced County, CA
Please wait a moment while we load this page.