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. After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. Where a defendant has not appeared, service of notice or papers need not be made upon the defendant.
§ 1014.When Defendant Appears In Action
Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Last amended 1999 · Last verified July 28, 2026
In one sentenceSection 1014 defines when a defendant appears in an action -- by answering, demurring, moving to strike, moving to transfer or reclassify, or giving written notice of appearance -- and entitles an appeared defendant to notice of later proceedings while excusing service on a defendant who never appears.
Full Text of § 1014
Plain-English Summary
Whether a defendant has "appeared" determines whether that defendant is entitled to notice going forward, so this section spells out exactly what counts. A defendant appears by answering the complaint, demurring, filing a notice of motion to strike, filing a motion to transfer under § 396b, moving for reclassification under § 403.040, giving the plaintiff written notice of appearance, or having an attorney file a notice of appearance on the defendant's behalf.
Once a defendant appears through any of those routes, the defendant or the defendant's attorney becomes entitled to notice of all subsequent proceedings for which notice is required. The flip side matters just as much: where a defendant hasn't appeared at all, § 1010's general rule applies, and service of notices or papers on that defendant generally isn't required.
Frequently Asked Questions
What actions count as a defendant "appearing" in a California civil action?
What does appearing entitle a defendant to?
Notice of all subsequent proceedings in the case for which notice is required to be given.
Does a defendant who never appears need to be served with notices?
No. Section 1014 says service of notice or papers need not be made on a defendant who hasn't appeared.
Amendment History
Amended 9/7/1999 (Bill Number: SB 210) (Chapter 344).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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