Legal Question in Real Estate Law in California

No. The following is quoted from the Orange County Superior Court's Web site, and reflects the law throughout California:

"The plaintiff is the person who starts the Unlawful Detainer. In most cases the plaintiff is the landlord. The plaintiff has to be competent and over 18. They have to be able to state that the property is theirs. An agent, such as a property manager, cannot sue in his or her own name.

"You can be a landlord even if you do not own the property. For example, if you sublet the property or part of the property, you are the subtenant�s landlord. You can start an Unlawful Detainer against the subtenant. Also, if the owner lets a management company give out leases in its own name, the management company is the landlord. The management company can start an Unlawful Detainer action. But, if the lease is in the owner�s name, the management company is not the landlord. The owner is the plaintiff.

"If the plaintiff is a corporation, they must be represented by an attorney."

Note that the Web site says that a corporation must use an attorney. The same would be true of any plaintiff that is not a natural person.

So, I conclude that if the LLC is the proper plaintiff, it must sue and appear in court via an attorney, not via the LLC manager and not in pro. per.

Regardless of Orange County's policies, and Mr. Whipple's interpretation of them, as a matter of state-wide law, an LLC is a legal entity separate and independent from its members. Therefore, representing the LLC in court, even if you are the sole member, is unlicensed practice of law unless you are a California licensed attorney.