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Superior Court of California, County of Sacramento Family Law Facilitator’s Office

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JOINDER OF A PENSION PLAN

Purpose of Packet

This packet is used when a party to a dissolution or legal separation case has a retirement plan through their employer and the opposing party wishes to join the plan into the case. Joining the plan provides notice that a dissolution or legal separation has been filed and also ensures that the non-employee spouse’s interest is not distributed before its proper division is decided by the court. Each eligible benefit plan must be joined separately to the case.

Do I Need to Join the Benefit Plan?

Joinder applies to both private and public employee benefit plans. However, there are distinctions between certain plans that must be joined and others for which joinder is not necessary or another process is used instead. Before you begin, you are strongly encouraged to speak to an attorney about property and retirement interests you may have. The following are basic guidelines.

Joinder is required for some state and county retirement plans. For example, the State Teachers Retirement System (STRS) must be joined, while it is not necessary for Public Employees Retirement Plan (PERS). Please consult an attorney for specific information.

For Employee Retirement Income Security Act (ERISA) plans, under federal law, the court’s order is enforceable against the plan so long as it satisfies federal Qualified Domestic Relations Order (QDRO) requirements.

Should you have questions, please obtain the assistance of an attorney. The Family Law Facilitator’s Office in the Self-Help Center has a referral list of attorneys in this area of practice.

Getting Started

The following is a list of the forms you will need. You will need a set of forms for each employee benefit plan you would like to join.

Ø Summons (Joinder), form FL-375 Ø Request for Joinder of Employee Benefit Plan and Order, form FL-372 Ø Pleading on Joinder – Employee Benefit Plan, form FL-370


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Other forms needed for this process are:

Ø Notice and Acknowledgment of Receipt, form FL-117 Ø Notice of Appearance and Response of Employee Benefit Plan, form FL-374 Ø Two (2) Proof of Service By Mail, form FL-335

Completing the Summons (Joinder), form FL-375

The Section at the top of the form is called the “caption” and must be completed before forms can be filed. It is helpful if you use middle initials or full middle name and suffix, e.g., Jr., II, or III when completing the forms.

In the top left box of the caption, print your full name, full mailing address, telephone number with area code and email address. In the space where it says "ATTORNEY FOR" print “Self.” This means that you are acting as your own attorney in this case.

In the second box down on the left side of the caption, the Court’s name and address may already appear. If not, please print the following information starting where it says “Superior Court of California, County of”:

Sacramento 3341 Power Inn Road, Room 100 Sacramento, California 95826 Family Relations Courthouse

In the third box down on the left side of the caption, print the full name of the party that opened/filed the case next to the word “Petitioner” and the name of the other party (or person that was originally served) next to “Respondent.” In the fourth box down on the left side of the caption, print the name of the benefit plan next to “Claimant.”

In the second box down on the right side of the caption, print the case number.

Item 1: Leave this section blank. It does not apply to this type of filing.

Item 2: Check the box marked, “To The Claimant Employee Benefit Plan.” In the blank space below, print the name of the employee benefit plan. Do not fill in the “Dated” or “Clerk, By” sections beneath item 2. This must be left blank for the court clerk to complete.

Item 3: Check box 3c, “On behalf of.” In the area marked “Under”, check the box for “FC 2062 (Employee Benefit Plan)”.

Leave the back side of the Summons blank. Your process server must fill in the form once service has been completed.


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Completing the Request for Joinder of Employee Benefit Plan and Order, form FL-372

Complete the caption section as you did for the previous form. Refer to the instructions above.

Item 1: Fill in the name of the employee benefit plan. Remember, if there is more than one plan involved, you must complete the joinder process for each eligible plan.

Fill in the date that you signed the form. Place your signature on the line to the right of the date. Below the signature line, check the box indicating whether you are the Petitioner or Respondent to the case. Below the boxes, print your name.

Leave the remainder of the form blank. The Clerk of Court will complete the form at the time you file it.

Completing the Pleading on Joinder – Employee Benefit Plan, form FL-370

Complete the caption section as you did for the previous form. Refer to the instructions above.

Item 1: Fill in the name of the employee covered under the benefit plan. Fill in the name of his/her employer. If you know the name of the labor union involved, check box c. and fill in the name of the union. If you know the employee’s identification number, check box d. and fill in the information. If you have other information to help identify the plan or employee involved, add this information in the space marked “Other”.

Item 2: If the Petitioner is represented by an attorney, check box a. and fill in the attorney’s name, address and phone number. If the Petitioner is not represented, check box b. and fill in the requested information.

Item 3: If the Respondent is represented by an attorney, check box a. and fill in the attorney’s name, address and phone number. If the Respondent is not represented, fill in the requested information under section b.

Back side: Across the top of the page, complete the short caption by filling in the Petitioner and Respondent’s names on the left and the case number to the right.

Item 4: Check the Petition for Dissolution/Legal Separation that was filed in your case. This is the original paperwork that began your legal proceeding. Fill in the Date of Marriage and Date of Separation that was listed in the Petition. Now, check the Response that was filed in the case. If the Response lists the same Date of Marriage and Date of Separation, check the box before “and response states”. If no response has been filed, leave this box unchecked.


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Item 5: If the Response states different information for Date of Marriage and Date of Separation, check the box and fill in the information as listed on the Response. If no Response has been filed, or if it lists the same dates as on the Petition, leave this item blank.

Item 6: If a judgment has not yet been entered in your case, check box a. If a judgment has already been entered, check box b. and enter the date of the judgment. If the judgment disposes of each spouse’s interest in the employee benefit plan, check box (1). If the judgment did not dispose of each spouse’s interest in the employee benefit plan, check box (2).

Item 7: Read each box carefully. Check any or all the boxes that apply to the relief you are seeking from the court. You may also check box e. for other relief you are requesting, if not contained in the previous selections. Write in the specific relief in the space below box e. Item 7f requests the court to grant other orders as appropriate and is automatically indicated on the form.

Date, sign and print your name on the bottom of the form. Check the box below your signature to indicate if you are the Petitioner or Respondent.

Filing Your Joinder

1. Make Copies Once you have completed the above forms, make three copies of each of the documents. Group each form together with the original on top (i.e. the Summons with its copies, the Request for Joinder with its copies, etc.).

2. File Original plus copies Obtain a service ticket number from Reception. Bring the original plus copies to the filing unit in Room 100. The clerk will endorse the documents. The clerk will return the original plus the three copies of your Summons. The original Summons will have the Sacramento Superior Court seal affixed in red ink and an original signature of the court clerk. The clerk will retain the original of the remaining two documents, and return the copies to you.

Completing the Notice and Acknowledgment of Receipt, form FL-117

Complete the caption section as you did for the previous forms. Refer to the instructions above.

Below the caption box, fill in the name of the employee benefit plan after the words “To (name of individual being served).”

You must have the forms served upon your spouse and the Employee Benefit plan. Have another adult, who is not a party to the case serve the papers for you. Once you have


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chosen your process server, you must have them complete the following items on the form:

Date of Mailing: Your server must fill in the date that the packet was mailed to the benefit plan. This should be the actual date of mailing.

Below the date of mailing, the process server must fill in his/her name and sign on the line to the right.

Item 4: Check the box next to d and box (8) Other. Specify the documents served by writing the names of the following forms: “Summons (Joinder), Request for Joinder, Pleading on Joinder, Notice of Appearance & Response (blank), Proof of Service by Mail (blank).”

The bottom of this form is left blank. The benefit plan may choose to date, print and sign to acknowledge they have received your paperwork. Make two copies of the Notice and Acknowledgment of Receipt.

Assembling Your Packets

Once you have filed your documents, and you and your server have prepared the Notice and Acknowledgment of Receipt, assemble them into two packets as follows:

Packet 1: This packet will be served upon the benefit plan. Summons, form FL-375 (do not send the original with the red seal and the original signature of the court clerk) Request for Joinder, form FL-372 Pleading on Joinder, form FL-370 Two copies of the Notice and Acknowledgement of Receipt, form FL-117 Notice of Appearance and Response of Employee Benefit Plan (blank), form FL-374 Proof of Service by Mail (blank), form FL-335 One business-sized (No. 10) envelope with proper postage, addressed to your process server (it cannot be addressed to you). This is for the benefit plan to return a copy of the Notice of Acknowledgment.

Once the above packet is assembled, make one copy of this packet for your records.

Packet 2: This packet will be served upon your spouse. Summons, form FL-375Request for Joinder, form FL-372 Pleading on Joinder, form FL-370


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Serving the Joinder Packets

Once you have filed your forms and assembled your packets, you must have the forms served upon your spouse and the Employee Benefit plan. This should be done by first class mail.

If you do not know the benefit plan’s trustee, administrator, or agent for service of process, you may request that your spouse provide this information to you. The law requires that within 30 days of written request, the employee spouse must furnish the name of each plan covering him/her, as well as the name, title, address and telephone number for the plan’s trustee, administrator, or agent for service of process.

Once you have the proper information, your server may send Packet 1 to the benefit plan by first class mail. Then, have your process server wait until he/she receives the signed Notice and Acknowledgment of Receipt back from the benefit plan. At that point, your server must complete the Proof of Service of Summons (instructions below).

Packet 2 must be served upon your spouse. Have your process server place Packet 2 in the mail and complete the Proof of Service by Mail, form FL-335. Fill in the caption section, referring to the above instructions. The remainder of the form is completed by your process server. Instructions appear on the back side of the form. Make one copy of the Proof of Service by Mail once it has been completed.

Completing Proof of Service of Summons (back side of the original FL-375)

Once your process server has received the Notice and Acknowledgment of Receipt back in the mail, he/she must complete the Proof of Service of Summons. This is on the back side of the original summons (with the red Superior Court Seal and/or the court clerk’s original signature) that was endorsed by the court.

On the back side of the Summons form, check the box under Item 1a.

Item 1b: Fill in the name of the benefit plan.

Item 1c: Check the box next to (2). Fill in the name and title of the trustee, administrator or agent for service of process.

Item 1e: Check the box and fill in the date of mailing and the place (city) from where the packet was mailed.

Item 2d: Check the box. Note, you must attach the signed copy of the Notice and Acknowledgment of Receipt that was returned from the benefit plan.


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Item 3: Check box 3c, “On behalf of”. In the area marked “Under”, check the box for “FC 2062 (Employee Benefit Plan).”

Item 5: If there was a fee charged for service of process, print the amount here.

Item 6: Check the box that applies, either a, b, c, or d. To the right under e, print the name, address and telephone number of the process server.

On the bottom left, the process server must fill in the date, place (city) where this form was signed, and sign the form.

Make one copy of the Summons (both sides) and one copy of the Notice and Acknowledgment of Receipt. Staple the original Notice to the original Summons. Staple your remaining copy of the Summons and Notice to each other.

Filing your Proof of Service of Summons and Proof of Service by Mail

Obtain a service ticket number from reception. Bring your original Summons (with Notice attached) and the copies, as well as the Proof of Service by Mail (for Packet 2 that went to your spouse), plus one copy to the Family Law Filing counter in Room 100. The Clerk will stamp and keep the original and return the copies to you.

Response of the Benefit Plan

Within 30 days of signing the Notice and Acknowledgment of Receipt, form FL-117, the plan may file the Notice of Appearance and Response, form FL-374. This form will be filed with the court and you will receive a copy in the mail. By signing this form, the benefit plan is making an appearance and adding the plan as a claimant to your case.

If you do not receive a Notice of Appearance and Response form in the mail, you may take a default against the plan. For assistance with this process, please consult an attorney.

After the Benefit Plan Has Been Joined to the Case

These instructions have addressed the first step of joining an employee benefit plan to your family law case. There are additional steps to the process. It will be necessary to obtain a Qualified Domestic Relations Order to divide the pension benefits. Contact a private attorney for assistance in preparing your QDRO.

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

FOR COURT USE ONLY

MARRIAGE OF

PETITIONER:

RESPONDENT:

CLAIMANT:

CASE NUMBER:

SUMMONS (JOINDER)

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.

¡AVISO! Usted ha sido demandado. El tribunal puede decidir contra Ud. sin audiencia a menos que Ud. responda dentro de 30 dias. Lea la información que sigue.

Si Usted desea solicitar el consejo de un abogado en este asunto, debería hacerlo inmediatamente, de esta manera, su respuesta o alegación, si hay alguna, puede ser registrada a tiempo.

If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your response or pleading, if any, may be filed on time.

RESPONDENTPETITIONER CLAIMANTTO THEA pleading has been filed under an order joining (name of claimant):

as a party in this proceeding. If you fail to file an appropriate pleading within 30 days of the date this summons isserved on you, your default may be entered and the court may enter a judgment containing the relief requested in thepleading, court costs, and such other relief as may be granted by the court, which could result in the garnishment ofwages, taking of money or property, or other relief.

TO THE CLAIMANT EMPLOYEE BENEFIT PLANA pleading on joinder has been filed under the clerk's order joining (name of employee benefit plan):

2.

as a party claimant in this proceeding. If the employee benefit plan fails to file an appropriate pleading within 30 daysof the date this summons is served on it, a default may be entered and the court may enter a judgment containing therelief requested.

Dated: Clerk, By , Deputy

3. NOTICE TO THE PERSON SERVED: You are servedAs an individual.

(SEAL)As (or on behalf of) the person sued under the fictitious name of:

On behalf of:c.

Under: CCP 416.60 (Minor)CCP 416.10 (Corporation)

CCP 416.20 (Defunct Corporation) CCP 416.70 (Incompetent)CCP 416.90 (Individual)CCP 416.40 (Association or Partnership)

Other: FC 2062 (EmployeeBenefit Plan)

d. By personal delivery on (date):

SUMMONS (JOINDER)Form Adopted for Mandatory UseJudicial Council of California

FL-375 [Rev. January 1, 2003]

a.

b.

1.

FL-375

Page 1 of 2

CITY AND ZIP CODE:

BRANCH NAME:

STREET ADDRESS:

MAILING ADDRESS:

TELEPHONE NO. (Optional): FAX NO. (Optional):

E–MAIL ADDRESS (Optional):

www.courtinfo.ca.gov.

(Signature)

Personal service. By personally delivering copies. (CCP 415.10)

e. By mailing (1) Date of:

c. By serving (1) Party or claimant.

PROOF OF SERVICE—SUMMONS (JOINDER)(Use separate proof of service for each person served)

1. I served the

Request for Joinder of Employee Benefit Plan and Order, Pleading on Joinder-a. Summons and (1)Employee Benefit Plan, blank Notice of Appearance and Response of Employee Benefit Plan

Order re JoinderNotice of Motion and Declaration for Joinder(2)(4)(5)

b. On (name of party or claimant):(2) Other (name and title or relationship to person served):

business (1) Date of:By delivery at homed.

Time of: (3) Address:(2)

(2) Place of:2. Manner of service: (check proper box)

b. Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 41 5.20(a))Substituted service on natural person, minor, incompetent, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.)

c.

Mail and acknowledgment service. By mailing (by first-class mail or airmail) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.)

d.

Certified or registered mail service. By mailing to address outside California (by registered or certified airmail with return receipt requested) copies to the person served. (CCP 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.)

e.

f.Additional page is attached.

The notice to the person served (item 3 on the copy of the summons served) was completed as follows (CCP 412.30, 415.10, and474):

As an individual.As the person sued under the fictitious name of:On behalf of:

a.b.c.

Under: CCP 416.60 (Minor)CCP 416.70 (Incompetent)

CCP 416.10 (Corporation)CCP 416.20 (Defunct Corporation)

CCP 416.90 (Individual)CCP 416.40 (Association orFC 2062 (Employee Benefit Plan)partnership)

By personal delivery on (date):4. At the time of service I was at least 18 years of age and not a party to this action.5. Fee for service: $6. Person serving

Not a registered California process server. Name, address, telephone number, and, if applicable, county of registration and number:

a.Registered California process server.b.Exempt from registration under Bus. & Prof. Code 22350(b).

c.

California sheriff, marshal, or constable.d.

(For California sheriff, marshal, or constable use only)I declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed I certify that the foregoing is true and correct and that

this certificate is executed on (date):at (place):on (date):, California. , California.at (place):

(Signature)

3.

e.

. . . . . . . . . . . . . . . .

a.

Page 2 of 2FL-375 [Rev. January 1, 2003]

Pleading on Joinder (specify title):Other:

(3)

SUMMONS (JOINDER)

Other (specify code section):

d.

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar no., and address): FOR COURT USE ONLY


MARRIAGE OFPETITIONER:

RESPONDENT:

CLAIMANT:

CASE NUMBER:

REQUEST FOR JOINDER OF EMPLOYEE BENEFIT PLAN AND ORDER

TO THE CLERK1. Please join as a party claimant to this proceeding (specify name of employee benefit plan):

2. The pleading on joinder is submitted with this application for filing.

Dated:ATTORNEY FOR)(SIGNATURE OF

RESPONDENTPETITIONER

(TYPE OR PRINT NAME)

ORDER OF JOINDER

3. IT IS ORDEREDa. The claimant listed in item 1 is joined as a party claimant to this proceeding.b. The pleading on joinder be filed.c. Summons be issued.d. Claimant be served with a copy of the pleading on joinder, a copy of this request for joinder and order, the summons, and

Dated: Clerk, By , Deputy

REQUEST FOR JOINDER OF EMPLOYEE BENEFIT PLAN AND ORDER

Form Adopted for Mandatory UseJudicial Council of California


Family Code, §§ 2010, 2021, 2060–2065, 2070–2074


CITY AND ZIP CODE:

BRANCH NAME:

STREET ADDRESS:

MAILING ADDRESS:

a blank Notice of Appearance and Response of Employee Benefit Plan (form FL-374).

FL-372

Page 1 of 1

TELEPHONE NO.: FAX NO. (Optional):


www.courtinfo.ca.gov

FOR COURT USE ONLY

MARRIAGE OF

PETITIONER:

RESPONDENT:

CLAIMANT:

CASE NUMBER:

PLEADING ON JOINDER—EMPLOYEE BENEFIT PLAN

TO THE CLAIMANT: You have been joined as a party claimant in this proceeding because an interest is claimed in the employee benefit plan that is or may be subject to disposition by this court. The party who obtained the order for your joinder declares:

Information concerning the employee covered by the plan:Name:Employer (name):

Name of labor union representing employee:c.

d.Other (specify):

Petitioner's

Attorney (name, address, and telephone number):a.

Address and telephone number, if unrepresented by an attorney:b.

Respondent's

Attorney (name, address, and telephone number):a.

Address and telephone number, if unrepresented by an attorney:

PLEADING ON JOINDER—EMPLOYEE BENEFIT PLAN Family Code, §§ 2060–2065Form Adopted for Mandatory Use

Judicial Council of CaliforniaFL-370 [Rev. January 1, 2003]


CITY AND ZIP CODE:

BRANCH NAME:

STREET ADDRESS:

MAILING ADDRESS:

FL-370

Page 1 of 2

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):


TELEPHONE NO.: FAX NO. (Optional):


1.a.b.

Employee identification number:e.

2.

3.

b.


CASE NUMBER:PETITIONER:

RESPONDENT:

and response statesPetition for dissolutionDate of marriage:

Response states5.

Judgment

has not been entereda.was entered on (date):

and disposes of each spouse's interest in the employee benefit plan.(1)

(2)

An order determining the nature and extent of both employee and nonemployee spouse's interest in employee's benefitsa.under the plan.An order restraining claimant from making benefit payments to employee spouse pending the determination and disposition of nonemployee spouse's interest, if any, in employee's benefits under the plan.

b.

An order directing claimant to notify nonemployee spouse when benefits under the plan first become payable to employee.An order directing claimant to make payment to nonemployee spouse of said spouse's interest in employee's benefits under the plan when they become payable to employee.Other (specify):

c.d.

e.

f. Such other orders as may be appropriate.

Dated:(SIGNATURE OF ATTORNEY FOR)

PETITIONER RESPONDENT

PLEADING ON JOINDER—EMPLOYEE BENEFIT PLANFL-370 [Rev. January 1, 2003]

(TYPE OR PRINT NAME)

b.

Page 2 of 2

4.a.

Date of separation:b.

Date of marriage:a.Date of separation:b.

6.

The following relief is sought:7.

and does not dispose of each spouse's interest in the employee benefit plan.

I agree I received the following:

NOTICE AND ACKNOWLEDGMENT OF RECEIPT (Family Law)

Form Approved for Optional Use Judicial Council of California


FL-117

a.

b.

c.

Page 1 of 1

Code of Civil Procedure, § 415.30, 417.10www.courts.ca.gov

NOTICE AND ACKNOWLEDGMENT OF RECEIPT

FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO.:E-MAIL ADDRESS:



BRANCH NAME:

CITY AND ZIP CODE:

STREET ADDRESS:

MAILING ADDRESS:

PETITIONER:

RESPONDENT:CASE NUMBER:

Family Law: Petition—Marriage/Domestic Partnership (form FL-100), Summons (form FL-110), and blank Response—Marriage/Domestic Partnership (form FL-120)Uniform Parentage: Petition to Establish Parental Relationship (form FL-200), Summons (form FL-210), and blank Response to Petition to Establish Parental Relationship (form FL-220)

Custody and Support: Petition for Custody and Support of Minor Children (form FL-260), Summons (form FL-210), and blank Response to Petition for Custody and Support of Minor Children (form FL-270)

ACKNOWLEDGMENT OF RECEIPT

NOTICE The documents identified below are being served on you by mail with this acknowledgment form. You must personally sign, or a person authorized by you must sign, this form to acknowledge receipt of the documents. If the documents described below include a summons and you fail to complete and return this acknowledgment form to the sender within 20 days of the date of mailing, you will be liable for the reasonable expenses incurred after that date in serving you or attempting to serve you with these documents by any other methods permitted by law. If you return this form to the sender, service of a summons is deemed complete on the date you sign the acknowledgment of receipt below. This is not an answer to the action. If you do not agree with what is being requested, you must submit a completed Response form to the court within 30 calendar days.

To (name of individual being served):

Recipient signed this acknowledgment on (specify date):

Date of mailing (specify):

(TYPE OR PRINT SENDER'S NAME) (SIGNATURE OF SENDER—MUST NOT BE A PARTY IN THIS CASE AND MUST BE 18 YEARS OR OLDER)

(SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT)(TYPE OR PRINT NAME OF PERSON ACKNOWLEDGING RECEIPT)

(1)

(2)

(3)(7)

(4)

d.

(8)

Completed and blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105)Completed and blank Declaration of Disclosure (form FL-140)Completed and blank Schedule of Assets and Debts (form FL-142)Completed and blank Property Declaration (form FL-160)

Request for Order (form FL-300), and blank Responsive Declaration to Request for Order (form FL-320)Other (specify):

(6) Completed and blank Financial Statement (Simplified) (form FL-155)

Completed and blank Income and Expense Declaration (form FL-150)

(5)

4.

2.

1.

3.

5.

6.

(Sender completes items 1 through 4 and signs before mailing. Recipient completes items 5 and 6, signs, then returns)

http://www.courts.ca.gov/documents/fl100.pdf






http://www.courts.ca.gov/documents/260.pdf










ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number and address): FOR COURT USE ONLY


MARRIAGE OF

PETITIONER:

RESPONDENT:

CLAIMANT:

CASE NUMBER:

AND RESPONSENOTICE OF APPEARANCEOF EMPLOYEE BENEFIT PLAN

1. An appearance in this proceeding is entered by claimant employee benefit plan (name):

2. Service on claimant may be made as follows

Attorney for claimant (name, address, and telephone number):a.

Other (name, title, address, and telephone number):b.

Claimant responds to the pleading on joinder and states that the allegations of the pleadings are3.

correcta.

attachment 3b or as follows (specify):incorrect as set forth in

ClaimantDated:

By

NOTICE OF APPEARANCE AND RESPONSEOF EMPLOYEE BENEFIT PLAN

Family Code, §§ 80, 2010, 2021, 2060–2065, 2070–2074


Form Adopted for Mandatory UseJudicial Council of California



CITY AND ZIP CODE:

BRANCH NAME:

STREET ADDRESS:

MAILING ADDRESS:

b.

(SIGNATURE)(TYPE OR PRINT NAME)

FL-374

Page 1 of 1

TELEPHONE NO. (Optional): FAX NO. (Optional):


INFORMATION SHEET FOR PROOF OF SERVICE BY MAIL

Use these instructions to complete the Proof of Service by Mail (form FL-335).

A person at least 18 years of age or older must serve the documents. There are two ways to serve documents: (1) personal delivery and (2) by mail. See the Proof of Personal Service (form FL-330) if the documents are being personally served. The person who serves the documents must complete a proof of service form for the documents being served. You cannot serve documents if you are a party to the action.

INSTRUCTIONS FOR THE PERSON WHO SERVES THE DOCUMENTS (TYPE OR PRINT IN BLACK INK)

You must complete a proof of service for each package of documents you serve. For example, if you serve the respondent and the other parent, you must complete two proofs of service; one for the respondent and one for the other parent.

Complete the top section of the proof of service forms as follows:

documents.Second box, left side: Print the name of the county in which the legal action is filed and the court’s address in this box.

Third box, left side: Print the names of the petitioner/plaintiff, respondent/defendant, and other parent in this box. Usethe same names listed on the documents you are serving.First box, top of form, right side: Leave this box blank for the court’s use.

You cannot serve a temporary restraining order by mail. You must serve those documents by personal service.

You are stating that you are at least 18 years old and that you are not a party to this action. You are also stating thatyou either live in or are employed in the county where the mailing took place.Print your home or business address.List the name of each document that you mailed (the exact names are listed on the bottoms of the forms).

Check this box if you put the documents in the regular U.S. mail.Check this box if you put the documents in the mail at your place of employment.Print the name you put on the envelope containing the documents.Print the address you put on the envelope containing the documents.Print the date that you put the envelope containing the documents in the mail.Print the city and state you were in when you mailed the envelope containing the documents.

You are stating under penalty of perjury that the information you have provided is true and correct.Print your name, fill in the date, and sign the form.

If you need additional assistance with this form, contact the family law facilitator in your county.

INFORMATION SHEET FOR PROOF OF SERVICE BY MAILFL-335-INFO [New January 1, 2012]

Page 1 of 1

First box, left side: In this box print the name, address, and phone number of the person for whom you are serving the

Second box, right side: Print the case number in this box. This number is also stated on the documents you are serving.

2.

1.

3.a.b.

4. a.b.c.d.

6.

Check this box if you are serving an address verification form (required for service by mail of a postjudgment request to change a child custody, visitation, or child support order).

5.

Third box, right side: Print the hearing date, time, and department. Use the same information that is on the documents you are serving.

FL-335-INFO

Code of Civil Procedure, §§ 1013, 1013a www.courts.ca.gov

Use the same address for the court that is on the documents you are serving.

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