How to Prepare Notice of Appearance

General Appearance

Code of Civil Procedure § 1014 states, “A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, ... gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant.” (Code Civ. Proc. § 1014.; see also Gen. Ins. Co. v. Superior Court, 15 Cal. 3d 449, 453 (1975) (“A written stipulation between attorneys recognizing jurisdiction of the court over the parties constitutes a [g]eneral appearance by defendant.”).)

The statutory list contained in Section 1014 of what constitutes an appearance is not exclusive. A general appearance occurs when the defendant takes part in the action or in some manner recognizes the authority of the court to proceed. (Code Civ. Proc. § 1014.) If the defendant confines its participation in the action to objecting to lack of jurisdiction over the person, there is no general appearance. However, a party who seeks relief on any basis other than a motion to quash for lack of personal jurisdiction will be deemed to have made a general appearance and waived all objections to defects in service, process, or personal jurisdiction. (Id.)

Corporate Appearances

A corporation is not able to represent itself either in propia persona or through an officer or agent who is not an attorney, except by statutory permission, in the small claims court. (Merco Const. Engineers v. Municipal Court (1978) 21 Cal.3d 724, 739; Paradise v. Nowling (1948) 86 Cal.App.2d 897, 899-900.) This is true even though the corporation is alleged to be the alter ego of the named individual defendant. (Vann v. Shilleh (1975) 54 Cal.App.3d 192, 199.) A corporation that does not obtain counsel within a reasonable period of time after previous counsel’s motion to withdraw has been granted “risks forfeiture of its rights through non-representation.” (Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal. App. 3d 501.) If a notice of appearance is not filed by a corporation by the required date, the Answer to the Complaint will be stricken. (See United States v. High Country Broad Co. (9th Cir. 1993) 3 19 F.3d 1244, 1245; CLD Construction Inc. v. City of Ramon (2004) 120 Cal. App.4th 1141 (considering federal law in determining issues related to unrepresented corporations).)

Related Issues

New Attorney and Calendar Error

“[C]alendar errors by an attorney or a member of his staff are, under appropriate circumstances, excusable.” (Nilsson v. City of Los Angeles (1967) 249 Cal.App.2d 976, 980.) Any doubts in applying Section 473 must be resolved in favor of the party seeking relief. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233 (superseded by statute on other grounds).) Failing to appear at an OSC can be effectively a mistaken failure to respond to a dismissal motion. (Peltier v. McCloud River R.R. Co. (1995) 34 Cal.App.4th 1809, 1824 (concluding mandatory provision of section 473(b) applies to “plaintiffs whose cases are dismissed for failing to respond to a dismissal motion”).)

Notice of Association

Notice of Association is different from a Notice of Appearance.

Useful Rulings on Notice of Appearance

Recent Rulings on Notice of Appearance

WELLER VS. CHRISTIAN DIOR, INC.

Attorneys for objectors need neither file a formal notice of appearance with the Court nor serve a notice of appearance on counsel. (See p. 5.) It is sufficient to send a timely objection to the administrator. 4. The last sentence of section VIII says the Court will hear only “timely and properly filed” objections at the final approval hearing. The Court will determine who may speak and what objections will be heard at the hearing. 5. Should the notice be printed in languages other than English? 6.

  • Hearing

LAKE VS DISCOUNT COURIER SERVICES, INC.

Also, on page 4, there is no need for an objecting class member to file and serve a formal notice of appearance. 6. The description of the released claims on page 5 appears to come from a different case. It refers to a nonexistent SAC, the wrong class period, and the wrong claims. 7. Include an opt-out form with the notice instead of asking class members to write a letter. 8. Is notice required in any languages other than English? 9.

  • Hearing

YALUN WANG VS BINGHENG HAN, ET AL.

If a notice of appearance is not filed by that date, the court will consider whether to strike the answer. (See United States v. High Country Broad Co. (9th Cir. 1993) 3 F.3d 1244, 1245; CLD Construction Inc. v. City of Ramon (2014) 120 Cal. App. 4th 1141 (considering federal law in determining issues related to unrepresented corporations).) Moving party is ordered to give notice.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NEW PRIDE CORPORATION VS. LEE

Code of Civil Procedure section 1014 provides: “A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant. . .”

  • Hearing

CREDITORS ADJUSTMENT BUREAU, INC. VS EMPIRE CONTAINER FREIGHT STATION, INC.

On 3/16/20, the Court accepted counsel’s notice of appearance and retention and Plaintiff’s counsel emailed the instant motion to him that same day. Around that same time, Defendant was affected by the COVID-19 pandemic because Defendant, a freight broker, was impacted by the various travel and trade restrictions, reductions, and staffing issues that plagued all businesses. When its operations resumed, Defendant was able to respond the outstanding discovery with verified responses.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

JESUS MAYORAL VS ANTELOPE VALLEY FAIR ASSOCIATION

The defendant in this case has appeared on May 29, 2020 through counsel with a Notice of Appearance filed on behalf of “Antelope Valley Fair Association.” The instant motion is brought on behalf of defendant under that exact name. Neither submission suggests that the appearing defendant is “Antelope Valley Fairgrounds Authority, erroneously sued as Antelope Valley Fair Association.”

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

JESUS MAYORAL VS ANTELOPE VALLEY FAIR ASSOCIATION

The defendant in this case has appeared on May 29, 2020 through counsel with a Notice of Appearance filed on behalf of “Antelope Valley Fair Association.” The instant motion is brought on behalf of defendant under that exact name. Neither submission suggests that the appearing defendant is “Antelope Valley Fairgrounds Authority, erroneously sued as Antelope Valley Fair Association.”

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

CREDITORS ADJUSTMENT BUREAU, INC. VS EMPIRE CONTAINER FREIGHT STATION, INC.

On March 16, 2020, the Court accepted counsel’s notice of appearance and retention and Plaintiff’s counsel emailed the instant motion to him that same day. Around that same time, Defendant was affected by the COVID-19 pandemic because Defendant, a freight broker, was impacted by the various travel and trade restrictions, reductions, and staffing issues that plagued all businesses. When its operations resumed, Defendant was able to respond the outstanding discovery with verified responses.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

ANTHONY T. LARSON VS PACIFIC BELL TELEPHONE COMPANY, A CALIFORNIA CORPORATION, ET AL.

As to Plaintiff’s final contention, a notice of appearance was filed on July 21, 2020 as to Paul Hastings LLP. Moreover, the moving papers identify two counsel of record -- Wilson Turner Kosmo LLP as well as Paul Hastings LLP. Accordingly, Plaintiff fails to show why any procedural irregularities are so egregious as to require the court to deny this motion on procedural grounds.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

INGATE SYSTEMS, INC. VS. UVNV, INC.

Robinson outlines counsel’s appearance in the case beginning with a Notice of Appearance that was filed on 7/21/20 and efforts to prepare the motion and proposed SAC. Decl. Robinson, ¶ 2. These declarations combined have set forth a timeline of events sufficient to establish reasons why the motion was not sought sooner. Finally, while Defendants do argue prejudice, it appears that any prejudice could be alleviated by a trial continuance.

  • Hearing

EVAN ISRAEL BRENNER VS MIKA JAYMES INC ET AL

On July 31, 2020, Plaintiff’s new counsel Robert Kitson filed a Notice of Appearance and served supplemental responses to each set of discovery. (Declaration of Robert M. Kitson (“Kitson”) in Support of Opposition, ¶¶ 3-5, Exhibit 1.) Defendants, in their consolidated reply acknowledge that supplemental responses were served.

  • Hearing

MARTINEZ V. FRITO-LAY, INC., ET AL.

It also states that if the objector has retained an attorney, the attorney 23 must file a valid notice of appearance within seven days of the deadline for submitting 24 objections. (Ibid.) The notice must be changed to eliminate the requirement for written 25 objections.

  • Hearing

BLACK SWAN INVESTMENT GROUP VS RAVIN

The new attorney should promptly file a notice of appearance. If Black Swan Investment Group, LLC fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Black Swan Investment Group, LLC's complaint may be dismissed. This is the tentative ruling for a telephonic appearance hearing at 1:30 p.m. on Friday, August 7, 2020. If no party appears telephonically at the hearing, this tentative ruling will become the order of the Court as of August 7, 2020.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

BLACK SWAN INVESTMENT GROUP VS RAVIN

The new attorney should promptly file a notice of appearance. If Black Swan Investment Group, LLC fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Black Swan Investment Group, LLC's complaint may be dismissed. This is the tentative ruling for a telephonic appearance hearing at 1:30 p.m. on Friday, August 7, 2020. If no party appears telephonically at the hearing, this tentative ruling will become the order of the Court as of August 7, 2020.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

BLACK SWAN INVESTMENT GROUP VS RAVIN

The new attorney should promptly file a notice of appearance. If Black Swan Investment Group, LLC fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Black Swan Investment Group, LLC's complaint may be dismissed. This is the tentative ruling for a telephonic appearance hearing at 1:30 p.m. on Friday, August 7, 2020. If no party appears telephonically at the hearing, this tentative ruling will become the order of the Court as of August 7, 2020.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

BLACK SWAN INVESTMENT GROUP VS RAVIN

The new attorney should promptly file a notice of appearance. If Black Swan Investment Group, LLC fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Black Swan Investment Group, LLC's complaint may be dismissed. This is the tentative ruling for a telephonic appearance hearing at 1:30 p.m. on Friday, August 7, 2020. If no party appears telephonically at the hearing, this tentative ruling will become the order of the Court as of August 7, 2020.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

BLACK SWAN INVESTMENT GROUP VS RAVIN

The new attorney should promptly file a notice of appearance. If Black Swan Investment Group, LLC fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Black Swan Investment Group, LLC's complaint may be dismissed. This is the tentative ruling for a telephonic appearance hearing at 1:30 p.m. on Friday, August 7, 2020. If no party appears telephonically at the hearing, this tentative ruling will become the order of the Court as of August 7, 2020.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

BLACK SWAN INVESTMENT GROUP VS RAVIN

The new attorney should promptly file a notice of appearance. If Black Swan Investment Group, LLC fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Black Swan Investment Group, LLC's complaint may be dismissed. This is the tentative ruling for a telephonic appearance hearing at 1:30 p.m. on Friday, August 7, 2020. If no party appears telephonically at the hearing, this tentative ruling will become the order of the Court as of August 7, 2020.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

SHIMMICK/FCC/IMPREGILO JOINT VENTURE VS. CALIFORNIA OCCUPATIONAL SAFETY & HEALTH APPEALS BOARD

Petitioner also filed a "Notice of Appearance" and Request for Identity of Witnesses and Production of Documents and Things" with the Appeals Board on November 8, 2016. (AR, 000008-14.) On November 28, 2016, the Appeals Board served Petitioner with a notice of Untimely Appeal (Notice), because it appeared that Petitioner did not file the appeal within 15 working days of receiving the citation. (AR, 000015.)

  • Hearing

SHIMMICK/FCC/IMPREGILO JOINT VENTURE VS. CALIFORNIA OCCUPATIONAL SAFETY & HEALTH APPEALS BOARD

Petitioner also filed a “Notice of Appearance” and Request for Identity of Witnesses and Production of Documents and Things” with the Appeals Board on November 8, 2016. (AR, 000008-14.) On November 28, 2016, the Appeals Board served Petitioner with a notice of Untimely Appeal (Notice), because it appeared that Petitioner did not file the appeal within 15 working days of receiving the citation. (AR, 000015.)

  • Hearing

CAMPBELL VS REISS RACING

The new attorney should promptly file a notice of appearance. If Reiss/Kimble, LLC fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Reiss/Kimble, LLC's answer may be stricken, and plaintiff may then obtain a judgment against Reiss/Kimble, LLC by default. The Court's file does not contain a proposed order relating to the motion to be relieved as counsel. The moving party should submit a proposed order forthwith.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

BOLDEN VS. BROADWAY LASH COMPANY, LLC

The order to show cause shall go off-calendar if new counsel for Broadway Lash Company has filed a notice of appearance by September 21, 2020. As regards the September 21 status conference, a joint status conference statement is to be filed at least five court days before the conference, as previously stipulated by the parties.

  • Hearing

REGENCY LAND DEVELOPMENT LLC ET AL VS JEWISH EDUCATIONAL MOV

On a related note, the court notes that on February 27, 2020, Mainak D’Attaray filed a “Notice of Appearance and Retention of Counsel for plaintiff David Perry” in which D’Attaray asserts that D’Attaray has been retained as counsel on behalf of Plaintiff David Perry. However, D’Attaray never explains the failure to file a substitution of counsel signed by David Perry.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MOL (AMERICAN) INC., VS INTER AUTO TRADE INC.,

On March 16, 2020, Defendant filed a Notice of Appearance through counsel of record. Defendant filed an opposition to the Motion for Terminating Sanctions and a Motion to Re-Open Discovery on June 2, 2020. Plaintiff filed a Reply in support of the Motion on June 29, 2020. Legal Standard Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subds. (d), (g); R.S. Creative, Inc. v.

  • Hearing

CORI BRATBY-RUDD ET AL VS RELAX HOLISTIC ET AL

Bradshaw does not appear to be an attorney and has not filed a notice of appearance on behalf of the corporate defendants. Therefore, the answer is improper. “[A] corporation cannot represent itself in a court of record either in propria persona or through an officer or agent who is not an attorney.” (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App. 4th 1094, 1101.)

  • Hearing

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