In California, if I sue a corporation can they have an attorney represent them? If not, who has to appear on behalf of the corporation?
Tags: Attorney, California, Claims, Corporation, Court, Have, Represent, Small, Them
In California, if I sue a corporation can they have an attorney represent them? If not, who has to appear on behalf of the corporation?
Tags: Attorney, California, Claims, Corporation, Court, Have, Represent, Small, Them
Although small claims courts have always prohibited the participation of attorneys, an exception has been made in the case of corporations, which obviously have to appear by some natural person, including an officer or director. The appearance of an officer or director who was also an attorney was not prohibited. (Prudential Ins. Co. v. Small Claims Court, (1946) 76 Cal.App.2d 379.)
However, the Legislature has provided that in the case of a partnership or a professional corporation, an attorney who is a partner, or officer or director, can appear in a small claims action only if all other partners, or officers and directors, are also attorneys. (Code Civ. Proc., sec. 116.530, subd. (b).) I have not seen any judicial authority discussing whether this same rule should also apply in the case of corporations which are not professional corporations, or whether the previous rule permitting any officer or director to appear, even if that person is an attorney and other officers or directors are not attorneys, continues to be effective.
Attorneys are not allowed in small claims courts, period. A representative (employee) of the corporation you are suing who has knowledge of the situation would appear in court. But they are not allowed to send an attorney.
Lawyers are not allowed in small claims court. Large corporations often don’t even show up, because it isn’t worth their time.
Yes, they can and so can YOU. The thing about Small Claims Court is that you don’t have to have any attorney
Not only “Can they” but be assured, they will.
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Good post. I waiting for next.