Article 1. Joinder Of Plan of California Family Law Code >> Division 6. >> Part 1. >> Chapter 6. >> Article 1.
(a) Upon written application by a party, the clerk shall
enter an order joining as a party to the proceeding any employee
benefit plan in which either party to the proceeding claims an
interest that is or may be subject to disposition by the court.
(b) An order or judgment in the proceeding is not enforceable
against an employee benefit plan unless the plan has been joined as a
party to the proceeding.
Upon entry of the order under Section 2060, the party
requesting joinder shall file an appropriate pleading setting forth
the party's claim against the plan and the nature of the relief
(a) The party requesting joinder shall serve all of the
following upon the employee benefit plan:
(1) A copy of the pleading on joinder.
(2) A copy of the request for joinder and order of joinder.
(3) A copy of the summons (joinder).
(4) A blank copy of a notice of appearance in form and content
approved by the Judicial Council.
(b) Service shall be made in the same manner as service of papers
generally. Service of the summons upon a trustee or administrator of
the plan in its capacity as trustee or administrator, or upon an
agent designated by the plan for service of process in its capacity
as agent, constitutes service upon the plan.
(c) To facilitate identification and service, the employee spouse
shall furnish to the nonemployee spouse within 30 days after written
request, as to each employee benefit plan covering the employee, the
name of the plan, the name, title, address, and telephone number of
the plan's trustee, administrator, or agent for service of process.
If necessary, the employee shall obtain the information from the plan
or plan sponsor.
(a) The employee benefit plan shall file and serve a copy of
a notice of appearance upon the party requesting joinder within 30
days of the date of the service upon the plan of a copy of the
joinder request and summons.
(b) The employee benefit plan may, but need not, file an
appropriate responsive pleading with its notice of appearance. If the
plan does not file a responsive pleading, all statements of fact and
requests for relief contained in any pleading served on the plan are
deemed to be controverted by the plan's notice of appearance.
Notwithstanding any contrary provision of law, the employee
benefit plan is not required to pay any fee to the clerk of the court
as a condition to filing the notice of appearance or any subsequent
paper in the proceeding.
If the employee benefit plan has been served and no notice of
appearance, notice of motion to quash service of summons pursuant to
Section 418.10 of the Code of Civil Procedure, or notice of the
filing of a petition for writ of mandate as provided in that section,
has been filed with the clerk of the court within the time specified
in the summons or such further time as may be allowed, the clerk,
upon written application of the party requesting joinder, shall enter
the default of the employee benefit plan in accordance with Chapter
2 (commencing with Section 585) of Title 8 of Part 2 of the Code of