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

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

┌─────────────────────────────────────────────────────────────────────┐
│ ATTORNEY OR PARTY WITHOUT ATTORNEY: │
│ Name: [________________________________] (SBN [________________]) │
│ Firm: [________________________________] │
│ Address: [________________________________] │
│ City/State/ZIP: [________________________________] │
│ Telephone: [________________________________] │
│ Fax: [________________________________] │
│ Email: [________________________________] │
│ │
│ Attorney for: ☐ Plaintiff ☐ Defendant ☐ Other │
│ [________________________________] │
│ │
│ SUPERIOR COURT OF CALIFORNIA │
│ COUNTY OF [________________________________] │
│ [________________________________] Branch/Courthouse │
│ [________________________________] (Courthouse Address) │
│ │
│ [________________________________], │
│ Plaintiff(s), │
│ Case No. [________________] │
│ vs. │
│ │
│ [________________________________], │
│ Defendant(s). │
│ │
│ NOTICE OF APPEARANCE OF COUNSEL │
│ [AND/OR NOTICE OF LIMITED SCOPE REPRESENTATION] │
│ │
│ Hearing Date: [________________________________] │
│ Time: [________________________________] │
│ Dept: [________________________________] │
│ │
└─────────────────────────────────────────────────────────────────────┘
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" that triggers the Client's right to notice of all subsequent proceedings.

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 Form Requirements:

☐ Judicial Council Form CIV-150 (Notice of Limited Scope Representation) is filed concurrently.
☐ Judicial Council Form CIV-152 (amended) is filed concurrently (for changes to limited scope).

Note: Under CRC 3.36, when an attorney provides limited scope representation in a civil action, the attorney must serve and file a Notice of Limited Scope Representation (form CIV-150) at the time the attorney first makes an appearance in the case on behalf of the client. The notice must identify the specific issues or proceedings for which the attorney will represent the client.

Termination of Limited Scope Representation:

Upon completion of the tasks specified in the limited scope, the attorney will file an Application to Be Relieved as Counsel -- Limited Scope Representation (Judicial Council Form CIV-151). Under CRC 3.36(e), the court may grant the application without a hearing if no party objects within 15 days.

C. Special Appearance (Jurisdictional Challenge)

☐ Special Appearance -- The undersigned enters a special appearance for the sole purpose of challenging jurisdiction or venue. The Client reserves all rights to contest jurisdiction and does not consent to the jurisdiction of this Court by this appearance. Specifically:

☐ Motion to Quash Service of Summons (CCP § 418.10)
☐ Motion to Stay or Dismiss for Inconvenient Forum (CCP § 418.10(a)(2))
☐ Motion to Transfer Venue (CCP § 396b)
☐ Motion for Reclassification (CCP § 403.040)

4. CONSENT TO ELECTRONIC SERVICE

Pursuant to CCP § 1010.6 and California Rules of Court, Rule 2.251:

☐ The undersigned CONSENTS to electronic service. Electronic service shall be directed to: [________________________________]

☐ The undersigned DOES NOT CONSENT to electronic service. All service must comply with CCP § 1011.

Electronic Service Provider (if applicable): [________________________________]

IMPORTANT: Under CCP § 1010.6(a)(2)(A)(ii), an attorney who has appeared in an action is deemed to have consented to accept electronic service if the court has adopted rules for mandatory electronic service. Check the local rules of your county's Superior Court.

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 pursuant to CCP § 284(2) (without client consent -- order of court).

☐ 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 $50.00 annual fee (payable to the State Bar of California) has been submitted.
☐ Written notice has been provided to the State Bar of California at least 10 days before the hearing.

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 business address is [________________________________].

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: Based on a court order or agreement of the parties, I caused the document to be sent to the persons at the electronic service addresses listed below pursuant to CCP § 1010.6 and CRC 2.251.

☐ BY MAIL: I placed a true copy in a sealed envelope addressed as stated below, with postage thereon fully prepaid, and deposited in the United States mail at [________________________________], California. I am readily familiar with the firm's practice of collection and processing of correspondence for mailing, and the envelope was placed in the course of ordinary business practices.

☐ 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: Requires filing of Form CIV-150 (Notice of Limited Scope Representation) when entering a limited appearance.
• 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: Amended Notice of Limited Scope Representation

Substitution of Attorney (CCP § 284)

• CCP § 284(1): By consent -- requires the signatures of the client, the former attorney, and the new attorney on Form MC-050.
• CCP § 284(2): By court order -- requires a motion and showing of good cause.
• 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 service by mail; CCP § 1010.6 governs electronic service.

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. CIV-150 Required: When entering a limited scope representation, file Form CIV-150 concurrently.
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 Fee: The California pro hac vice fee ($50/year) is notably lower than most states. However, the applicant must not be a California resident or regularly practice in California.
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