A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant or his attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon him unless he is imprisoned for want of bail.

SOURCE: CCP § 1014.

COMMENT: The Superior Court has ruled that this section has not been repealed or changed and, therefore, the California interpretation relative to special appearances is still in effect. Manley, et al. v. Fireman’s Fund Ins. Co., et al., Decision and Order dated 1/30/90.

However, the federal courts have held that Rule 12(b) has, in effect, abolished special appearances because of its treatment of motions to dismiss for lack of jurisdiction, and for other reasons. Republic International Corp. v. Amco Engineers, Inc., 516 F.2d 161, 165 (9th Cir. 1975) citing Dragor Shipping Corp. v. Union Tank Car Co., 378 F.2d 241, 243 n.2 (9th Cir. 1967) and 2A, Moore, Federal Practice § 12.12. See also Solo Cup Co. v. Paper Machinery Corp., 359 F.2d 754, 758-9 (7th
Cir. 1966) for the basis of this ruling.

It is important to note that when the Legislature enacted § 2206 of this Title, permitting Rules of Procedure to supersede this Title, it copied 28 U.S.C. § 2072 in its material parts. Thus it appears to the Compiler that the federal, not California, intent was the Legislative intent when moving from the procedures of this Title to those of the Rules.