Legal Question in Civil Litigation in California

Question regarding pro se representation of companies in California

Hello,

Our company is an LLC located in California. We have been sued for the amount of 38,000. My fiancee is the managing partner of that LLC and filed an answer with the court himself. During a management conference that just took place in court the attorney of the other party told us our answer has not been properly filed as it was filed by an individual and the lawsuit is against an LLC. We were also told we cannot represent ourselves in court and need an attorney during any future court proceedings.

In case of a lawsuit against an LLC, if that lawsuit is for the amount specified (meaning it does not qualify for the small claims court), is that possible for us to self-represent ourselves?

I know it is a general rule of thumb corporations cannot represent themselves it but we are wondering whether in case of an LLC, if the person that would want to represent a company is the managing partner, it was a possibility. I have read of come exceptions in some cases, e.g. if it a small claims court and I think in one state in case of partnerships - thus my question.

Thank you for your assistance.


Asked on 6/22/11, 7:22 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your opposing counsel is right. Corporate entities, including LLC's, must have counsel in order to appear in any court case outside of small claims court.

Any individual can represent herself, but only a licensed attorney can represent someone else. Whoever goes to court on behalf of the LLC would be representing the LLC and not herself. By definition, that's practicing law. Only an attorney can do that.

Read more
Answered on 6/22/11, 7:44 pm

Small Claims Court is an exception because attorneys are not allowed in Small Claims Court unless they are a party themselves. That is the only exception. There was a spit of authority as to partnerships that was resolved in the past couple of years that not even partnerships can be represented by a non-lawyer partner. If you are not an individual or a sole proprietorship, you must have an attorney to do anything in court or litigation - file papers, show up to hearings, propound or respond to discovery - anything you do must be done by a licensed attorney. In fact in Federal courts you don't even have a right to represent yourself at all in civil cases.

Read more
Answered on 6/22/11, 10:46 pm
Anthony Roach Law Office of Anthony A. Roach

Your LLC is considered a legal entity, distinct and separate from yourselves. You cannot represent a separate legal entity unless you are a licensed attorney.

Read more
Answered on 6/23/11, 8:20 am


Related Questions & Answers

More General Civil Litigation questions and answers in California