Notice of Appearance - California

NOTICE OF APPEARANCE / NOTICE OF LIMITED SCOPE REPRESENTATION

State of California -- Superior Court

IMPORTANT CALIFORNIA-SPECIFIC NOTE

California does not require or commonly use a standalone "Notice of Appearance" in the traditional sense used in many other states. Under California Code of Civil Procedure § 1014, a defendant "appears" in an action when the defendant:

• Files an Answer
• Files a Demurrer
• Files a Notice of Motion to Strike
• Files a Notice of Motion to Transfer (CCP § 396b)
• Moves for Reclassification (CCP § 403.040)
• Gives the plaintiff written notice of appearance
• Has an attorney give notice of appearance for the defendant

The § 396b transfer and § 403.040 reclassification motions listed above are general appearances under § 1014. A defendant preserving a personal-jurisdiction objection should use the procedure in § 418.10 before filing this standalone notice or either of those motions.

This template covers the written notice of appearance method and is most commonly used when: (1) an attorney wants to appear without yet filing a responsive pleading; (2) an attorney is entering a limited scope representation under CRC 3.35-3.37; or (3) an attorney is appearing as additional or substituting counsel.

COURT HEADER AND CASE CAPTION

Note: California Judicial Council forms use a specific caption format. The above follows the standard format for non-Judicial Council filings. Where a Judicial Council form exists for the filing type, use that form instead.

NOTICE OF APPEARANCE OF COUNSEL

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

PLEASE TAKE NOTICE that [________________________________], State Bar Number [________________________________], of [________________________________], hereby enters an appearance on behalf of [________________________________] ("Client") in the above-captioned matter pursuant to Code of Civil Procedure § 1014.

1. ATTORNEY INFORMATION

2. CLIENT AND PARTY INFORMATION

The undersigned attorney enters this appearance on behalf of:

Client Name: [________________________________]

Client's Role in this Matter:

☐ Plaintiff
☐ Defendant
☐ Cross-Complainant
☐ Cross-Defendant
☐ Real Party in Interest
☐ Intervenor
☐ Claimant
☐ Respondent
☐ Petitioner
☐ Other: [________________________________]

3. TYPE OF APPEARANCE

A. General Appearance (CCP § 1014)

☐ General Appearance -- The undersigned enters a general appearance on behalf of the above-named Client in all aspects of this matter. The undersigned requests that all subsequent pleadings, papers, notices, orders, and other documents be served upon the undersigned at the address and email listed above, in accordance with CCP §§ 1010.6, 1011, and CRC 2.251.

Note: Under CCP § 1014, giving written notice of appearance constitutes an "appearance"; after appearance, the defendant or the defendant's attorney is entitled to notice of subsequent proceedings for which notice is required. Section 1015 addresses service on an attorney or, in specified circumstances, the clerk.

B. Limited Scope Representation (CRC 3.35-3.37)

☐ Limited Scope Appearance -- Pursuant to California Rules of Court, Rules 3.35 through 3.37, and CCP § 1014, the undersigned enters a limited scope appearance. The scope of this representation is limited to:

☐ Specific hearing or motion on [__/__/____]: [________________________________]
☐ Discovery matters only
☐ Law and motion matters only
☐ Settlement conference(s) only
☐ Trial only
☐ Specific issues: [________________________________]
☐ Other specific limitation: [________________________________]

Detailed description of limited scope: [________________________________]

Judicial Council limited scope form:

☐ Judicial Council Form CIV-150 (Notice of Limited Scope Representation) is filed concurrently.

Note: Under CRC 3.36(a), the party and attorney may give notice of their limited scope agreement by serving and filing form CIV-150. Form CIV-152 is the client's objection to a later application by the attorney to be relieved, not an amended notice of scope.

Termination of Limited Scope Representation:

Upon completion of the limited scope, the attorney may apply to be relieved using form CIV-151 and must serve it on the client and other parties under CRC 3.36(d)-(e). If no objection is filed within 15 days after service on the client, counsel must file an updated CIV-151 stating that no objection was made and a proposed order on form CIV-153; the clerk then forwards the order for judicial signature. CRC 3.36(f).

C. Special Appearance (Jurisdictional Challenge)

☐ Jurisdictional challenge under CCP § 418.10 -- Counsel will file a motion under that section to contest personal jurisdiction or seek a stay or dismissal for inconvenient forum. This standalone notice should not be used as the method of preserving that objection. Specifically:

☐ Motion to Quash Service of Summons (CCP § 418.10)
☐ Motion to Stay or Dismiss for Inconvenient Forum (CCP § 418.10(a)(2))

A motion to transfer venue under CCP § 396b or for reclassification under CCP § 403.040 is a general appearance under § 1014; neither preserves a personal-jurisdiction challenge.

4. ELECTRONIC SERVICE ADDRESS

Under CCP § 1010.6, a person represented by counsel who has appeared in an action must accept electronic service of documents that may be served by mail, express mail, overnight delivery, or fax. Serve counsel at this electronic service address:

Electronic Service Address: [________________________________]

Electronic Service Provider (if applicable): [________________________________]

Check applicable court rules for filing and service procedures and for documents that require another method of service.

5. SUBSTITUTION OR ADDITIONAL COUNSEL

☐ This is a new appearance -- no prior counsel has appeared for this Client.

☐ This is an additional appearance -- the undersigned is appearing as co-counsel alongside: [________________________________] (SBN [________________________________]).

☐ This is a substitution of counsel. The following is filed concurrently:

☐ Judicial Council Form MC-050 (Substitution of Attorney -- Civil) signed by the Client, the former attorney, and the new attorney, pursuant to CCP § 284(1) (consent).
☐ Court order for substitution under CCP § 284(2), on application by the client or attorney after notice to the other.

☐ Client previously appeared in propria persona (pro per). The undersigned is now entering an appearance. Judicial Council Form MC-050 is filed concurrently pursuant to CCP § 284(1).

Note: In California, when a client transitions from in propria persona to represented status, a Substitution of Attorney (MC-050) must be filed. The "former attorney" section is left blank or marked "in propria persona."

6. PRO HAC VICE ADMISSION (Out-of-State Attorneys)

☐ Not applicable -- attorney is an active member of the State Bar of California.

☐ The undersigned out-of-state attorney seeks admission pro hac vice pursuant to California Rules of Court, Rule 9.40.

Pro Hac Vice Requirements (CRC 9.40):

☐ A verified Application for Admission Pro Hac Vice (no Judicial Council form; follows CRC 9.40 requirements) has been filed.
☐ The applicant is a member in good standing of the bar of a state, territory, or federal jurisdiction.
☐ The applicant is not a resident of California, does not work in California, and does not perform substantial legal services in California.
☐ The application includes the required information about all prior pro hac vice applications in California.
☐ The current State Bar application fee has been submitted through its pro hac vice application process.
☐ The superior court's $500 pro hac vice application fee under Gov. Code § 70617(e)(1) has been paid or arranged as the filing court directs.
☐ The application and hearing notice have been served on the State Bar at its San Francisco office and on all appearing parties; the hearing notice follows the CCP § 1005 period unless the court sets a shorter period. CRC 9.40(c)(1).

Required California Attorney of Record:

Note: Under CRC 9.40(d), the California attorney of record must be an active member of the State Bar of California who is personally familiar with the applicable rules and standards of professional conduct. The California attorney of record is responsible for ensuring compliance with all applicable requirements.

7. SERVICE REQUEST

The Clerk and all counsel of record are respectfully requested to update the service list to reflect this appearance. All subsequent pleadings, papers, notices, orders, and other documents shall be served upon the undersigned at the address and email listed in Section 1 above, in accordance with CCP §§ 1010.6, 1011, and 1013.

8. SIGNATURE

DATED: [__/__/____]

[________________________________]
(Law Firm Name)


By: ________________________________________
    [________________________________]
    State Bar No. [________________________________]
    Attorney for [________________________________]

9. PROOF OF SERVICE

PROOF OF SERVICE

I, [________________________________], declare:

I am over the age of 18 years and not a party to this action. My residence or business address is [________________________________]. If service is by mail, I am a resident of or employed in [________________] County, where the mailing occurred.

On [__/__/____], I served the foregoing NOTICE OF APPEARANCE on the following interested parties by the method indicated:

Service Method (select one or more):

☐ BY ELECTRONIC SERVICE: My electronic service address is [________________________________]. I am a resident of or employed in [________________] County, where the electronic service occurred. I caused the document to be sent on the date stated above to the persons at the electronic service addresses listed below pursuant to CCP §§ 1010.6 and 1013b and CRC 2.251.

☐ BY MAIL: I enclosed a true copy of the document identified above in a sealed envelope addressed to the recipient listed below, with postage fully prepaid, and deposited it in the United States mail on [__/__/____] at [CITY], California. The recipient's name and address as shown on the envelope are recorded below. This statement uses the direct-deposit method of CCP § 1013a(1).

☐ BY PERSONAL SERVICE: I caused to be hand-delivered a true copy to the persons at the addresses listed below.

☐ BY OVERNIGHT DELIVERY: I placed a true copy in an envelope for overnight delivery at [________________________________], addressed as stated below.

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

Executed on [__/__/____] at [________________________________], California.


________________________________________
[________________________________] (Declarant)

PRACTITIONER NOTES AND GUIDANCE

California's Unique Approach to Appearances

Unlike most states, California does not have a formal standalone "Notice of Appearance" as a standard procedural filing. Under CCP § 1014, a defendant "appears" by:

1. Filing an Answer
2. Filing a Demurrer
3. Filing a Motion to Strike
4. Filing a Motion to Transfer
5. Filing a Motion to Reclassify
6. Giving written notice of appearance (this template)
7. Having an attorney give notice of appearance

In practice, most attorneys "appear" by filing a responsive pleading rather than a separate notice of appearance. This template is most useful for:

• Entering an appearance before the responsive pleading deadline
• Notifying the court and parties of new or substituting counsel
• Filing a limited scope representation notice
• Documenting the appearance for service list purposes

Limited Scope Representation (CRC 3.35-3.37)

California has a well-developed framework for limited scope representation ("unbundled legal services"):

• CRC 3.35: Defines "limited scope representation" as representation limited to specific tasks, rather than general representation.
• CRC 3.36: Permits notice of a limited scope agreement through Form CIV-150 and sets out procedures for counsel to be relieved after completing that scope.
• CRC 3.37: Governs nondisclosure of attorney assistance in document preparation.
• Form CIV-150: Notice of Limited Scope Representation
• Form CIV-151: Application to Be Relieved as Counsel -- Limited Scope Representation
• Form CIV-152: Objection to Application to Be Relieved as Attorney on Completion of Limited Scope Representation; it is served blank on the client with CIV-151 under rule 3.36(e).
• Form CIV-153: Proposed order on the application to be relieved as attorney on completion of limited scope representation.

Substitution of Attorney (CCP § 284)

• CCP § 284(1): By consent of the client and attorney; mandatory Form MC-050 provides signature fields for the party, former attorney, and new attorney.
• CCP § 284(2): By court order on the application of either client or attorney, after notice to the other. Follow the applicable court procedure for the application.
• Form MC-050: Substitution of Attorney -- Civil (Judicial Council mandatory form).

County-Specific Rules and Practices

E-Filing in California

• Mandatory E-Filing: Many California counties have adopted mandatory e-filing for represented parties. Check the specific county's local rules.
• Approved E-Filing Providers: California uses approved Electronic Filing Service Providers (EFSPs). Common providers include File & Serve, One Legal, and others.
• Filing Deadline: Documents e-filed before 11:59 PM Pacific Time are generally deemed filed that day, but check local rules.

Appearance vs. Responsive Pleading Deadlines

• Under CCP § 430.40, a demurrer must be filed within 30 days after service of the complaint.
• Under CCP § 412.20, if service is by personal delivery, the defendant has 30 days to respond.
• Filing a Notice of Appearance does not extend the deadline to file a responsive pleading.
• If a Notice of Appearance is filed but no responsive pleading follows, the plaintiff may seek a default under CCP § 585.

California Proof of Service Requirements

• California requires a Proof of Service (not merely a "Certificate of Service") for most filings.
• The Proof of Service must be executed under penalty of perjury.
• The declarant must be over 18 and not a party to the action.
• CCP § 1013a governs proof of service by mail; §§ 1010.6 and 1013b govern electronic service and its proof, including the server's own electronic service address.

Key Practice Tips

1. No Standalone Form: California does not have a Judicial Council form specifically for a "Notice of Appearance." Use this template or attach the notice to a responsive pleading.
2. MC-050 Required: When substituting counsel or transitioning from pro per, always file Form MC-050.
3. Limited scope notice: CRC 3.36(a) permits the party and attorney to give notice by serving and filing Form CIV-150. Use it when electing that notice procedure.
4. Local Rules: California's 58 counties each have their own local rules. Always check the specific county's rules before filing.
5. Service List: Ensure the court clerk updates the service list to reflect your appearance.
6. Pro hac vice fees: Confirm the current State Bar application fee and pay the separate $500 superior court filing fee under Gov. Code § 70617(e)(1); the statewide fee schedule also lists a $500 annual court renewal fee while the case continues. The applicant must meet CRC 9.40(a)'s eligibility limits.
7. Caption Format: Follow the standard California caption format with attorney information in the upper left corner.

SOURCES AND REFERENCES

• California Code of Civil Procedure § 1014: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1014.&lawCode=CCP
• California Rules of Court, Title 3 (Civil Rules): https://courts.ca.gov/cms/rules/index/three
• CRC 3.35 (Limited Scope Representation): https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_35
• CRC 9.40 (Pro Hac Vice): https://www.courts.ca.gov/cms/rules/index.cfm?title=nine&linkid=rule9_40
• Judicial Council Forms: https://www.courts.ca.gov/forms.htm