It would seem Answers, Demurrers, Oppositions or a personal/counsel of record appearance in Court concerning a Petition would constitute a General Appearance. While a Special Appearance in Court or the filing of a Motion to Quash or Objection to a Petition would reserve a Defendant's requirement to be properly served, or noticed in some fashion, prior to a Court obtaining jurisdiction in a matter. Is this correct?
Probate rules re "service" are substantially different from service of a civil lawsuit. Mailed notice (in some cases even no actual notice) is sufficient in nearly all cases. If you file written objections to a petition, you have generally appeared. I strongly suggest you consult and retain probate counsel. There is little intuitive, to a non practitioner, about probate.
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No, not correct. Filing an Objection to Petition would constitute a general appearance. Generally speaking, he following documents, if filed with the court, constitute a general appearance which prevents the entry of default against that defendant:
Motion to Strike
Motion to Quash Service of Summons (not a general appearance, but prevents default)
Motion To Dismiss or Stay for Forum Non Conveniens
In contrast, the following documents, if filed with the court, do not constitute a general appearance. As such, the plaintiff may seek file a Request for Entry of Default against that defendant:
Ex Parte Application For Provisional Remedy
Motion to Transfer
Motion to Reclassify
Notice of Related Case
Motion For Summary Judgment
See California Code of Civil Procedure sections 418.10-418.11, 430.10-430.90, 435-437, and 437c.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation. Due to the high volume of phone calls and e-mails, not all phone calls or e-mails can be returned.
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