Attorney showing up in small claims court!!

[riaserious]

A friend is suing a California apartment management office in a California small claims court for damage to her personal property. She just learned that the(notorious bullying)staff member who works at this management office as both an attorney and operations manager is coming to appear as one of the defendants! This is not a law firm, but rather a large property managment office. Can she object to the attorney's presence as a defendent in small claims court on the day of court??

Many of the tenants are intimidated to the point they will not request simple work repair orders because of this attorney/operations manager.

 

[I AM ALWAYS LIABLE]

My response:

If the apartment is owned by a Corporation, a corporation is not permitted to represent itself in court, either in propria persona or through an officer or agent who is not an attorney. [Merco Constr. Engineers, Inc. v Municipal Court for Long Beach Judicial Dist. (1978) 21 Cal 3d 724, 147 Cal Rptr 631, 581 P2d 636 (holding unconstitutional CCP §87 provision allowing corporation to appear as party in municipal or justice court through persons not attorneys)]; Albion River Watershed Protection Assn. v. Department of Forestry & Fire Protection (1993, 1st Dist.) 20 Cal.App.4th 34, 24 Cal.Rptr.2d 341

In small claims court, a corporation may appear only through a regular employee or a duly appointed or elected officer or director, who is employed, appointed or elected for purposes other than solely representing the corporation in small claims court. [CCP §116.540(b); see also CCP §116.530(b) (providing limitations on appearances by attorneys in small claims court actions involving corporations)]

IAAL