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.)
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).)
“[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 is different from a Notice of Appearance.
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.
Jul 09, 2020
Real Property
Quiet Title
Los Angeles County, CA
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.
Jul 09, 2020
Los Angeles County, CA
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.)
Jul 02, 2020
Los Angeles County, CA
(See Notice of Appearance by CourtCall served on May 21, 2020.)
Jun 11, 2020
San Luis Obispo County, CA
Moreover, the Petersons’ assertion that AMI identified itself as an “answering defendant" is dispelled by AMI’s Notice of Appearance in Lieu of Answer in which it specifically identifies itself as “Cross-Defendant.” (Haulk Decli, Exhibit 7.) A plaintiff is not excused from complying with the time requirements merely because the defendant has actual notice of the action. (Bishop v.
Jun 05, 2020
Marin County, CA
The new attorney should promptly file a notice of appearance. If Mirabux, Inc. and CCA Foods, Inc. fail to retain a new attorney, or if the new attorney fails to file a notice of appearance, Mirabux, Inc. and CCA Foods, Inc.'s answer may be stricken, and plaintiff may then obtain a judgment against Mirabux, Inc. and CCA Foods, Inc. by default. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, March 13, 2020.
Mar 12, 2020
Contract
Breach
San Diego County, CA
The Settlement Agreement and Class Notice also provide that class members may not be represented by counsel at the Final Approval Hearing unless they file a notice of appearance within seven days after the written objection deadline, but having conditions on representation by counsel is also overly restrictive and must be deleted. The Final Approval Hearing is referred to as the Settlement Hearing or the Final Settlement Hearing in both the Settlement Agreement and the Class Notice.
Mar 06, 2020
Orange County, CA
The Class Notice must delete the following sentence from its 6th page, a condition that is too restrictive: “Any attorney who will represent an individual objecting to this Settlement must file a notice of appearance with the Court and serve Class Counsel and Defense Counsel no later than sixty (60) days after the Notice of Proposed Class Action Settlement was initially mailed to the Settlement Class members.”
Mar 06, 2020
Orange County, CA
If Plaintiff’s successor files a notice of appearance and amendment to the complaint, the OSC will be discharged. Unless waived, notice of ruling by moving party.
Feb 28, 2020
Real Property
other
Los Angeles County, CA
Romano to review Defendant’s notice of appearance on May 23, 2019. The Court finds this is unreasonable. Therefore, the Court deducts 0.8 hours from Mr. Romano’s entries (-$400). Second, Defendant contends that Plaintiff’s counsel improperly billed for interoffice communication. The Court finds that the interoffice communications were not unreasonable.
Feb 27, 2020
Contract
Breach
Los Angeles County, CA
Under CCP section 1014: “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.” Plaintiff relies on Mansour v.
Feb 07, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
The new attorney should promptly file a notice of appearance. If Prog HR Corporation fails to retain a new attorney, or if the new attorney fails to file a notice of appearance, Prog HR Corporation's answer may be stricken, and plaintiff may then obtain a judgment against Prog HR Corporation by default. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, February 7, 2020.
Feb 06, 2020
Contract
Breach
San Diego County, CA
Moreover, to the extent Plaintiff's notice of appearance does require payment of fees to Mr. Black as a non-voluntary ordinary witness, those fees would be payable directly to Mr. Black, not to Defendants. (Code of Civ. Proc. § 1987(b) [requires a party to pay witness fees and mileage to the witness before the witness is required to testify].) Trial-Related Travel Expenses For Counsel Plaintiff argues Defendants cannot recover travel-related costs for counsel to attend trial.
Nov 04, 2019
Contract
Breach
Sacramento County, CA
On July 15, 2019, Marada’s current counsel filed a Notice of Appearance. Marada now moves for leave to file a cross-complaint against Gibb to assert causes of action for breach of contract, breach of fiduciary duty, fraud, conversion, unjust enrichment, and accounting. Gibb opposes. Discussion Where a defendant wishes to assert a “related cause of action” against plaintiff, it must do so in a cross-complaint. Failure to plead it will bar defendant from asserting it in a later lawsuit. ((Code Civ.
Oct 09, 2019
Los Angeles County, CA
Counsel admits only that a mistake was made in a failure to file a “Notice of Appearance of Counsel.” However, it appears that Plaintiff’s Counsel did make some effort to send an attorney to explain the current status of the case, and that the failure to do so was due to the error of the attorney, not the client. attorney’s affidavit attesting to his or her mistake, inadvertence, surprise, or neglect.
Oct 07, 2019
Shasta County, CA
Counsel admits only that a mistake was made in a failure to file a “Notice of Appearance of Counsel.” However, it appears that Plaintiff’s Counsel did make some effort to send an attorney to explain the current status of the case, and that the failure to do so was due to the error of the attorney, not the client. attorney’s affidavit attesting to his or her mistake, inadvertence, surprise, or neglect.
Oct 07, 2019
Shasta County, CA
Please remove the language which requires a filed Objection Notice and Notice of Appearance, prior to appearance at the final approval hearing. (See §12.1 of Agreement). The Court will hear the concerns of all who appear. 7. The Agreement requires objections to contain “[i]nformation sufficient to establish that the objector is a Settlement Class Member.” (See §12.4). Is this information necessary, where the individual has been identified as a Class Member and provided notice? 8.
Oct 01, 2019
Orange County, CA
However, because Plaintiffs’ attorney has now filed a notice of appearance as of August 20, 2019 (vis-à-vis the Substitutions of Attorney) and because Defendant addressed the merits of the opposition in his reply, the Court will consider the opposition. Meet and Confer The Declaration of Attorney Lisa MacCarley reflects that the meet and confer requirement of CCP § 430.41 has been satisfied.
Aug 23, 2019
Personal Injury/ Tort
Fraud
Los Angeles County, CA
If a notice of appearance is not filed by that date, the Answer to the Complaint will be stricken. (See United States v. High Country Broad Co. (9”‘ 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).
Aug 06, 2019
Los Angeles County, CA
. The fifth paragraph of § VII states that a Class Member who does not arrange for a notice of appearance will forever waive his or her right to select separate counsel. This is incorrect and should be deleted. The last paragraph of § VII indicates that if the Settlement is not approved or is terminated, Class members will not be bound by the release. Why is this sentence in this section (which addresses objections)?
Jul 16, 2019
Riverside County, CA
“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.” (Code Civ. Proc., § 1014.)
Jun 03, 2019
Santa Barbara County, CA
Cross-Defendant Escalera Construction Inc. must file a notice of appearance of counsel before that date. If no appearance is filed, the motion to strike will be granted. Moving Parties to give Notice. Cross-Complainants Richard and Denise Williams move to strike the Answer of Cross-Defendant Escalera Construction, Inc. per CCP 435, et seq.
May 28, 2019
Personal Injury/ Tort
other
Los Angeles County, CA
(Notice of Appearance, filed Jan. 22, 2018.) On January 25, 2019, Durant filed an amendment to the complaint identifying “Doe 1” as David Farmer, trustee of the Trust. On January 29, 2019, Famer filed an ex parte application for the release of the $110,000 interpleaded funds. On January 30, 2019, the court, the Hon. Timothy J. Staffel, Judge, presiding, entered an order (the January 30 Order) following the hearing on the ex parte application.
Apr 29, 2019
Santa Barbara County, CA
May 8, 2019 Defendant shall provide Class List to Administrator May 22, 2019 Administrator shall mail Notice of Pendency to Class Members July 23, 2019 Deadline for submission of Opt-Out Notice, Objections, or Notice of Appearance by Class Members (must be postmarked by this date) August 12, 2019 Filing deadline for Motion for Final Approval August 19, 2019 Filing deadline for responses to written objections.
Apr 24, 2019
Stanislaus County, CA
However, on March 28, 2019, David Seror filed a Notice of Appearance substituting himself as Chapter 7 Trustee for the Bankruptcy Estate of Babadjanian as Plaintiff. If this substitution is effective, it would answer Sully’s objections, since his arguments depend upon the Trustee being the entity in rightful possession of the causes of action here.
Apr 22, 2019
Personal Injury/ Tort
Fraud
Los Angeles County, CA
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