Legal Question in Real Estate Law in California
out-of-state landlord
My parents own a rental property in CA and they live in AZ. They are suing the tennant for damages she did to the place. I live here in Ca. Can they name me as their representative so they don't have to come out here?
1 Answer from Attorneys
Re: out-of-state landlord
I assume here that we're talking a small-claims sized demand. California law ordinarily requires the plaintiff to appear in court in person. There is an exception that allows an employee of a small business plaintiff to appear on behalf of the business owner IF the only question of fact is the nonpayment of an undisputed debt. The employee must be regularly employed and familiar with the firm's bookkeeping practices.
Unfortunately, your situation doesn't seem to fit this exception.
See Code of Civil Procedure section 116.540, Evidence Code section 1271 and any small-claims self-help book for further information.
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