sample notice of unavailability of counsel for california
DESCRIPTION
This sample notice of unavailability of counsel for California is used to notify opposing counsel or the opposing party of the unavailability of counsel during a specified period of time for any court appearances, depositions and similar litigation matters. The notice is served pursuant to the California Court of Appeal decision in Tenderloin Housing Clinic, Inc. v. Sparks, 8 Cal. App. 4th 299, 307 (1992). The sample includes brief instructions and a proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.TRANSCRIPT
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Any Attorney or PartyAny StreetAny Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of ________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
))))))))))))
Case No.
NOTICE OF UNAVAILABILITY OF COUNSEL
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Be sure to remove these notices before using this document.
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
- 1 -NOTICE OF UNAVAILABILITY OF COUNSEL
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PLEASE TAKE NOTICE, that during the period beginning on LIST BEGINNING DATE
until LIST DATE YOU WILL AGAIN BE AVAILABLE, NAME OF ATTORNEY OR PARTY
will be unavailable for any settlement negotiations, depositions, court hearings whether by ex-parte
application or noticed motion, or other appearances, including, but not limited to, summary judgment
and/or summary adjudication hearings.
PLEASE TAKE FURTHER NOTICE THAT, intentionally scheduling a conflicting
proceeding in bad faith or without good cause with full knowledge of the unavailability of the
opposing party or counsel is sanctionable conduct. Tenderloin Housing Clinic, Inc. v. Sparks, (1992)
8 Cal. App. 4th 299, 307.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Do NOT file this document with the Court
as it may be rejected. This is only a courtesy notice to opposing counsel
or the opposing party. Retain the original of this notice as proof that
notice of unavailability was provided in advance.
Dated:_____________________ ____________________________________________ANY ATTORNEY OR PARTY
- 2 -NOTICE OF UNAVAILABILITY OF COUNSEL
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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my business address is: ADDRESS OF PERSON MAILING PAPERS.
On _______________ I served the foregoing document(s) described as: NOTICE OF UNAVAILABILITY OF COUNSEL to the following parties:
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
[X] (By U.S. Mail) I deposited such envelope in the mail at_______, California with postage thereon fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
DATED: ________________.
_______________________________________NAME OF PERSON MAILING PAPERS
- 3 -NOTICE OF UNAVAILABILITY OF COUNSEL