Legal Question in Consumer Law in California

Unlawful detainers

I have an apartment complex in California that I hold title to with a single member, (Husband / Wife) LLC.

Is is allowable for me to represent the LLC in an unlawful detainer action down at my friendly, local court house?

I am getting lots of conflicting information. Some people argue that I need an attorney because its considered a Corporation in the courts eyes. I contend that its not a corporation in this case, but merely a vehicle with which to hold title to propery.

Hopefully, you can give me a definitive answer.

Thanks in advance,


Asked on 12/12/01, 1:02 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Unlawful detainers

Because an LLC is a separate "legal entity," just like a corporation, you will need to hire an attorney to represent the LLC. Whether an LLC is formed to merely hold property, or for some other purpose, it is still an LLC.

Read more
Answered on 12/12/01, 2:14 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Unlawful detainers

The only area whereby an LLC differs from a corporation is in the way taxation is handled, and it is somewhat less stringent in its meeting requirements, etc.

Otherwise, since they provide the same type of protection as a corporation, the courts will look at them as a separate entity.

Other than small claims court, you will require the services of an attorney to represent the LLC. For you to do so, you would be practicing law without a license.

If I can help, call me at 925-924-0100

Read more
Answered on 12/12/01, 2:29 pm


Related Questions & Answers

More Consumer Law questions and answers in California