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A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.
The notice of withdrawal shall include the address of the attorney's client and a statement that no motion is pending and no hearing or trial has been set. If a motion is pending or a hearing or trial has been set, an attorney may not withdraw except upon motion and order of the court.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
The California Rules of Court contain detailed rules which must be followed when moving to withdraw. [4] A withdrawal motion brought pursuant to Code of Civil Procedure Section284(2) must be made on the Notice of Motion and Motion to Be Relieved as Counsel ? Civil (form MC-051).
Withdrawal of Motion Within the time for filing and serving a reply, the moving party may file and serve a notice of withdrawal of the motion. Upon the filing of a timely withdrawal, the motion will be taken off calendar. Otherwise, the court may proceed to decide the motion.