What is a Notice of Limited Scope Representation?

“With the exception of a court appointment, the relationship of lawyer and client is created by contract.” (Houston Gen Ins Co v. Superior Court (1980) 108 Cal.App.3d 958, 964.) An attorney and a person seeking legal services may agree “that the scope of the legal services will be limited to specific tasks that the attorney will perform for the person.” (Cal. Rules of Ct., Rule 5.425; Sullivan v. Dunne (1926) 198 Cal. 183, 190.)

Legal Standard

According to the California Rules of Court, there are two types of limited scope representation:

  1. Noticed representation occurs when an attorney and a party notify the court and other parties of the limited scope representation.
  2. Undisclosed representation occurs when a party contracts with an attorney to draft or assist in drafting legal documents, but the attorney does not make an appearance in the case.

(Cal. Rules of Ct., Rule 5.425(c).)

Procedure

An attorney can elect to notify the Court and other parties of a limited scope representation. (Cal. Rule of Ct., Rule 3.35.) A party and an attorney may provide notice of their agreement to limited scope representation by serving and filing a Notice of Limited Scope Representation (form MC-950). (Cal. Rule of Ct., Rule 3.36(a).) If such a notice is filed and served, then the papers in the case must be served on both the attorney providing the limited scope representation and the client. (Cal. Rule of Ct., Rule 3.36(b).)

Useful Rulings on Notice of Limited Scope Representation

Recent Rulings on Notice of Limited Scope Representation

SCOTT ERIC ROSENSTIEL VS CANDACE HOWELL, ET AL.

(See e.g., CRC Rule 3.36 [CIV-150 Form re Notice of Limited Scope Representation]; CCP §§284-285 [MC-050 Form re Substitution of Attorney – Civil].) On July 1, 2020, Defendant filed a Notice of Limited Scope Representation, but this was done only days before the hearing and after the meet and confer efforts and motion papers were filed. Thus, at this time, the Court will grant the motion to quash the subpoena issued on Citibank.

  • Hearing

    Jul 10, 2020

  • County

    Los Angeles County, CA

DANNIEL MADRID VS CANDACE HOWELL

(See e.g., CRC Rule 3.36 [CIV-150 Form re Notice of Limited Scope Representation]; CCP §§284-285 [MC-050 Form re Substitution of Attorney – Civil].) On July 1, 2020, Defendant filed a Notice of Limited Scope Representation, which this was done only days before the hearing and after the meet and confer efforts and motion papers were filed. Thus, at this time, the Court will grant the motion to quash the subpoena issued on Citibank.

  • Hearing

    Jul 10, 2020

  • County

    Los Angeles County, CA

SCOTT ERIC ROSENSTIEL VS CANDACE HOWELL, ET AL.

(See e.g., CRC Rule 3.36 [CIV-150 Form re Notice of Limited Scope Representation]; CCP §§284-285 [MC-050 Form re Substitution of Attorney – Civil].) On July 1, 2020, Defendant filed a Notice of Limited Scope Representation, but this was done only days before the hearing and after the meet and confer efforts and motion papers were filed. Thus, at this time, the Court will grant the motion to quash the subpoena issued on Citibank.

  • Hearing

    Jul 10, 2020

  • County

    Los Angeles County, CA

VALERIE PACHECO VS NISSAN NORTH AMERICA, INC., A CALIFORNIA CORPORATION

Defendant emphasizes that Plaintiff’s fraud claim rests only on alleged omissions and concealment, which fall outside of the limited scope of the Robinson exception, which applies only to affirmative representations. (Demurrer, at p. 9.) Defendant relies as well upon Thompson v. BMW of North America, LLC (C.D. Cal. 2019), No. SACV 17-01912-CJC-KS, 2019 WL 988694, at *5 (applying California law and finding omission claim not falling under Robinson exception).

  • Hearing

    Jul 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

DR ELLIE KAUCHER VS PHILLIPS GRADUATE UNIVERSITY ET AL

Analysis The Court finds that Bohm and Ciarimboli did not file an Application to Be Relieved as Attorney on Completion of Limited Scope Representation using form CIV-151. Bohm and Ciarimboli filed a motion to be relieved as counsel using forms MC-051, MC-052, and MC-053. Plaintiff was served with the motion to be relieved as counsel on March 2, 2020 via overnight mail. Plaintiff did not file her objection until June 9, 2020.

  • Hearing

    Jun 29, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BEATA KAMINSKA VS ELIZABETH KANSKI

The Court also notes that Lentz admits that he is in a limited scope representation with Defendant. (Lentz Decl., ¶ 2.) Per CRC Rule 3.36(a), the attorney and client must provide notice of their agreement by serving and filing a mandatory Judicial Council form that discloses the nature and duration of the attorney's representation. Lentz has not complied with his obligations to notice the court and Plaintiff of this limited scope representation.

  • Hearing

    Jun 23, 2020

MANUEL DE JESUS MORALES VS EDUARDO A. CANAS, ET AL.

On November 12, 2019, Defendant Best Alliance Foreclosure and Lien Services filed a declaration of trustee’s non-monetary status to Plaintiff’s complaint pursuant to Civil Code section 2924l notice of limited scope representation pursuant to Civil Code section 2924l. On January 30, 2020, Defendant Eduardo A. Canas was dismissed by the Court pursuant to an oral request made by Plaintiff.

  • Hearing

    Mar 06, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

ADRIANA LAYMAN AND JARED F. LAYMAN

Frederick Seigenfeld, under a limited scope agreement to advise and prepare court documents for an uncontested dissolution of marriage and associated requests for orders. Mr. Seigenfeld has been practicing in family law since 2016 and charges $300/hr. Father is employed by the City of Santa Barbara.

  • Hearing

    Mar 03, 2020

MATTER OF CARRARI FAMILY TRUST

Angelucci for Angelina Dettamanti on a limited scope basis formotion to vacate orders only Angelina Dettamanti is in pro per on all other matters Rafael G. Gutierrez for non-party Marcial Lopez TENTATIVE RULINGS: (1) The motion to disqualify counsel is denied in its entirety.

  • Hearing

    Feb 20, 2020

COLETTE MARTIN VS PROJECT CLUB LA ET AL

The court’s file does not reflect that a substitution has been filed nor a court order obtained permitting the limited scope representation after application. While present counsel, Kurt Zimmerman, discloses that he was retained for a limited scope, the court’s file does not reflect that Plaintiff filed such a notice with the court on Judicial Council form CIV-150. Cal Rules of Court 3.36.

  • Hearing

    Feb 05, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SAR V. SAR

At the outset, the Court notes that Plaintiff contends Defendant’s demurrer should be rejected outright because it purportedly exceeds the limited scope of representation of Defendant’s “limited scope” attorney. The Court is not persuaded. Plaintiff cites no authority for the proposition that the Court may overrule, or disregard, a demurrer on this basis.

  • Hearing

    Feb 03, 2020

JAMES PICKRELL VS JAY JOHNSON, ET AL.

Procedural Defect “Limited scope representation” is “a relationship between an attorney and a person seeking legal services in which they have agreed that the scope of the legal services will be limited to specific tasks that the attorney will perform for that person.” (CRC Rule 3.35(a).) “A party and an attorney may provide notice of their agreement to limited scope representation by serving and filing a Notice of Limited Scope Representation.” (CRC Rule 3.36(a).)

  • Hearing

    Jan 13, 2020

JORGE RECINOS VS CLAUIDIA IRENE ROJAS

On December 20, 2019, Recinos filed a Notice of Limited Scope Representation, notifying the court that Imperiale would again represent Recinos at the hearing the same day. On December 20, 2019, the court granted Recinos’ ex parte application for a TRO/OSC. The court directed Recinos to personally serve the Summons, Complaint, and TRO/OSC by December 23, 2019 and to file the proof of service by December 30, 2019.

  • Hearing

    Jan 09, 2020

LAURA JOANNE MEADOWS VS PLANET HOME LENDING, LLC, ET AL.

The matter was brought as an ex parte application wherein the Plaintiffs appeared through an attorney who provided limited scope representation. The court was unavailable and continued. CCP §405.21: “An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, upon request of a party thereto, approve a notice of pendency of action.

  • Hearing

    Dec 05, 2019

  • Type

    Real Property

  • Sub Type

    Foreclosure

TAKEO SWORDS V. RACHEL TRAMONTINI

Plaintiff’s request for judicial notice of the summons in Case No. 18FL000022 (exhibit A), the notice regarding payment of support (exhibit B) in that case, the notice of limited scope representation (exhibit C) in that case, and the fact defendant “is not a stranger to obtaining legal representation” is DENIED. These materials and this fact are not relevant to this motion. Plaintiff’s three evidentiary objections to the Tramontini declaration are OVERRULED.

  • Hearing

    Dec 04, 2019

LATASHA GEORGE VS MICKEY BEARMAN COMPANY ET AL

George has filed an Objection to Application on Completion of Limited Scope Representation, asking leave to present evidence in camera and outside the presence of her counsel to preserve the attorney-client privilege. The court will consider the objections George offers during hearing on the motion. Pending hearing, the court’s tentative decision is that Attorney Michael D.

  • Hearing

    Nov 13, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

ARBI GRIGORYAN, ET AL VS REESHA CAPITAL, LLC, ET AL

Currently, Defendants recently retained Narek Avetisyan, Esq. of Legalatory, Inc., on October 17, 2019 for the limited scope of filing this motion to continue trial and counsel will not be available to represent Defendants at trial. (Mot. at p.3.) Defendants argue that regardless of what counsel agrees to represent Defendants, there would not be enough time to adequately prepare a defense and prosecution of this matter. (See CRC Rule 3.1332(c)(3)-(4).)

  • Hearing

    Nov 08, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

VAHE TAMAMINAN, ET AL VS. ASHOUT MARKARIAN, ET AL

Judgment debtor has filed a Declaration (but did not submit courtesy copies), with proof of service, and the file shows that on October 15, 2019, a Notice of Limited Scope Representation was filed by an attorney indicating the attorney and Ani Markarian have an agreement that limited scope representation will be provided at the hearing on October 25, 2019. The court will consider this evidence, and any opposition, which has not been filed, and conduct a hearing on the matter.

  • Hearing

    Oct 25, 2019

PARKES V. MID-CENTURY INS. CO.

Co. has not established as a matter of law that it does not owe any duty other than to pay for the repair services of the previously approved limited scope of work of sand and stain, or remove and replace without special attention to the sheathing and joists, or that it did not owe a duty to make sure its selected vendor restored the flooring to its pre-loss condition in a manner that met trade standards for good, workmanlike construction.

  • Hearing

    Oct 11, 2019

NUCCO LLC VS NON-NEWTONIAN MANAGEMENT LLC

.], ¶¶ 2-3, 5; see also ROA ## 227, 232 (joinder and Notice of Limited Scope of Representation on behalf of Lazarus), Chalk Decl., Ex. 8 [2/8/19 Reporter's Transcript], pp. 2-3, 7. Hernandez explains why he was not the attorney of record. Hernandez says he requested an attorney-friend to be listed as attorney of record because he believed opposing counsel would challenge his formal representation of cross-defendants. Hernandez Decl., ¶ 4.

  • Hearing

    Oct 10, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

BACCHUS, HAROUN VS THOMSON, MISTY

As for the service of Motions, the Court notes that Defendant Thompson is self-represented, but Defendant Yerkes has limited representation by an attorney. Under CRC 3.36(b), Plaintiff is obligated to serve the moving papers on “the attorney providing the limited scope representation and the client.” (Emphasis added.) The Court notes that not all the moving papers were served on Defendant Yerkes—even though some were only served on his limited scope attorney.

  • Hearing

    Oct 01, 2019

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

XUE LENG GARD VS ANGELA WALLACE ET AL

Stewart Defendants have met their burden to show that Plaintiff signed the notice of limited scope representation and substitution of attorney forms at issue. The burden now shifts to Plaintiff to show a triable issue of material fact. Plaintiff presents evidence that she never signed the substitution of attorney and notice of limited scope representation forms. (Gard Decl. at Exhibits D and E.)

  • Hearing

    Aug 14, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

YANAN TANG VS LAW OFFICE OF JOEL SPENCE

Plaintiff indicates that the First Amended Complaint makes the limited scope of this lawsuit and the damages plaintiff seeks very clear.

  • Hearing

    Aug 02, 2019

FAZIO V. FEDERAL HOME LOAN MORTGAGE CORP.

. ¶ Our high court has held that the preclusive effect of such a judgment “is of limited scope.” (Wells v. Marina City Properties, Inc. (1981) 29 Cal.3d 781, 789, 176 Cal.Rptr. 104, 632 P.2d 217 (Wells).) A former judgment entered after a general demurrer is sustained with leave to amend “ ‘is a judgment on the merits to the extent that it adjudicates that the facts alleged do not constitute a cause of action.’ ” (Wells, supra, at p. 789, 176 Cal.Rptr. 104, 632 P.2d 217, quoting Keidatz v.

  • Hearing

    Aug 02, 2019

CADRIN E GILL ET AL VS LAW OFFICES OF SPOTORA & ASSOCIATES

Defendants argue “Plaintiffs’ contention that the two [engagement] agreements were unreasonable is legally frivolous because limited scope agreements are valid and legally enforceable contracts given that Rule 3.35 et seq. of the California Rules of Court[5] permits ‘limited scope representations” and case law shows that lawyers may reasonably limit the scope of their representation to certain client matters. (Motion, pg. 12.) (See Benninghoff v.

  • Hearing

    Jul 09, 2019

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

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