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

MATTER OF CARRARI FAMILY TRUST, EST. FEBRUARY 28, 2002

Angelucci—who had only represented Dettamanti in a limited-scope representation which had terminated earlier this year, and was not representing her with respect to these issues—was killed on July 11, 2020.] Based upon this history, Kopcrak now seeks terminating and monetary sanctions ($7,617.10), for Dettamanti’s willful failure to comply with the court’s order compelling that her deposition take place on July 13 and 14.

  • Hearing

    Sep 17, 2020

NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

After a continuance, NCC has obtained counsel for a limited scope representation. NCC filed an opposition, which is essentially identical to the one filed by NCC's prior counsel. The opposition was filed late. The Court need not consider the opposition. But even if the Court considered the merits of the opposition, the Court would still grant the motion. The judgment is hereby amended according to the request made in Defendant/Judgment Creditor VAYA TELECOM, INC.'s amended reply.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

After a continuance, NCC has obtained counsel for a limited scope representation. NCC filed an opposition, which is essentially identical to the one filed by NCC's prior counsel. The opposition was filed late. The Court need not consider the opposition. But even if the Court considered the merits of the opposition, the Court would still grant the motion. The judgment is hereby amended according to the request made in Defendant/Judgment Creditor VAYA TELECOM, INC.'s amended reply.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

After a continuance, NCC has obtained counsel for a limited scope representation. NCC filed an opposition, which is essentially identical to the one filed by NCC's prior counsel. The opposition was filed late. The Court need not consider the opposition. But even if the Court considered the merits of the opposition, the Court would still grant the motion. The judgment is hereby amended according to the request made in Defendant/Judgment Creditor VAYA TELECOM, INC.'s amended reply.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

After a continuance, NCC has obtained counsel for a limited scope representation. NCC filed an opposition, which is essentially identical to the one filed by NCC's prior counsel. The opposition was filed late. The Court need not consider the opposition. But even if the Court considered the merits of the opposition, the Court would still grant the motion. The judgment is hereby amended according to the request made in Defendant/Judgment Creditor VAYA TELECOM, INC.'s amended reply.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

After a continuance, NCC has obtained counsel for a limited scope representation. NCC filed an opposition, which is essentially identical to the one filed by NCC's prior counsel. The opposition was filed late. The Court need not consider the opposition. But even if the Court considered the merits of the opposition, the Court would still grant the motion. The judgment is hereby amended according to the request made in Defendant/Judgment Creditor VAYA TELECOM, INC.'s amended reply.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

After a continuance, NCC has obtained counsel for a limited scope representation. NCC filed an opposition, which is essentially identical to the one filed by NCC's prior counsel. The opposition was filed late. The Court need not consider the opposition. But even if the Court considered the merits of the opposition, the Court would still grant the motion. The judgment is hereby amended according to the request made in Defendant/Judgment Creditor VAYA TELECOM, INC.'s amended reply.

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

LARRY NEUBERG VS FCA US, LLC, ET AL.

Given the statements of compliance that FCA has already offered, as well as the limited scope of this litigation (a car for which Plaintiff paid $57,000), the court finds that to include the emails in FCA’s discovery responses would render discovery of such breadth as to outweigh the likely benefit to this litigation under Code of Civil Procedure § 1985.8.

  • Hearing

    Aug 17, 2020

OVERLAND DIRECT, INC. VS YANIV TEPPER, ET AL

Again, one business day prior to the set deposition, Daniel Tepper informed Plaintiff he would not be appearing because he could not get in touch with his limited scope attorney, Robert Smith. Plaintiff informed Daniel Tepper his non-appearance would result in court intervention. (Mobasser Decl., ¶9; Exh. 7.) Daniel Tepper failed to appear on March 5, 2020 and Plaintiff had to take a certificate of non-appearance. (Mobasser Decl., ¶9; Exh. 7 and McCarthy Decl. ¶3; Exh. 1.)

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

ELLIE CHAPPEL VS F C I LENDER SERVICES, INC., ET AL.

On July 27, 2020, Plaintiff filed her opposition and a Notice of Limited Scope of Representation indicating she would be represented by Adela Z. Ulloa (“Plaintiff’s Counsel”) on the limited scope basis of preparing the opposition to the demurrer to the SAC and preparing the Third Amended Complaint (“TAC”) and other matters related to an ex parte application for leave to file a TAC.

  • Hearing

    Aug 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BONNIE DUBOFF VS LINDA SCHERMER ET AL

Scope Representation (Judicial Council mandatory form CIV-150) to represent her as her attorney of record in this case.

  • Hearing

    Aug 04, 2020

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VS RICARDO LARA, IN HIS CAPACITY AS CALIFORNIA INSURANCE COMMISSIONER

Paralegals Michael Martel (“Martel”) and Sean An (“An”), provided additional, limited-scope assistance. Michael Adreani, Esq. (“Adreani”), a partner at the firm with 22 years of experience as a civil litigator, consulted very briefly on this attorneys’ fee motion. Roxborough Decl. ¶5.

  • Hearing

    Jul 23, 2020

  • Type

    Administrative

  • Sub Type

    Writ

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

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