Legal Question in Real Estate Law in California
Standing to prosecute an Unlawful Detainer
I am the Trustor, Trustee and Beneficiary of a standard Living Trust. I brought an Unlawful Detainer against a tenant of a building owned by the trust. The judge told me I had to be an attorney to represent any trust. I offered to produce an executed assignment of all rights and benefits, incident to the operation of the rental property, including the right to possession of the subject premise. The judge said that I could not prosecute the case. I then offered an executed management agreement between myself as trustee and myself as an individual, giving the individual the right to possession and the judge dismissed my case. Was the judge wrong? What is the most appropriate remedy for me?
1 Answer from Attorneys
Re: Standing to prosecute an Unlawful Detainer
I think the judge was correct. Only a natural person may represent himself or herself in court (other than small claims). A trust is not a natural person. Your capacities with the trust do not change a thing. Similarly, a corporation cannot appear in propria persona through an individual, even though that individual is president, chairman, CEO and 100% stockholder.
Further, if you had brought the suit in your own name you could appear and represent yourself, but the suit would have been subject to dismissal on the basis that it was not brought by the real party in interest (the trust) and you lacked standing. Such a ruling would have nothing to do with your non-attorney status; it would be the same if you were represented by an attorney and would be because the trust is the landlord and therefore the proper party to bring suit.
This is a tough result, but when you protect assets by placing them in a trust you have to take the unfavorable legal consequences as well as the benefits.
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