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Corporations and Superior Court

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ruggio

Junior Member
What is the name of your state? California

I know that a corporation cannot represent its self in Superior Court, the corporation must be represented by an attorney.

But, can a corporation president or a employee (who is not an attorney) file legal papers to Superior Court? My gut feel says no. I would like a reference.

I am aware that a corporation can be represented by someone "other than an attorney" in Small Claims Court, and that an attorney can appear in small claims appeals court.

Stan
 


ruggio

Junior Member
First of all. Are there any lawyers looking at this forum?

I am posting a reply to myself because someone may have the same question.

Federal Law.
The federal courts have held that the provisions in the statute that "the parties may plead and manage their own cases" or by attorney ([Rev. Stats. § 747], 28 U.S.C.A. § 394) does not authorize a corporation to plead and manage its case personally or through an agent who is not an attorney of the court. (Mullin-Johnson Co. v. Penn. Mut. Life Ins. Co. (D.C. Cal. 9 Fed.Supp. 175; Brandstein v. White Lamps, Inc. (D.C.N.Y.) 20 Fed.Supp. 369.) And many more cases.

I read this to say that a Corporation's management or any of its employees that are not lawyers, cannot submit (manage) legal documents to Superior Courts.

The reason that they can appear in Small Claims is because "by law" a lawyer cannot appear on behalf of someone in Small Claims. Because a lawyer cannot appear fot a corporation then the corporation must have standing and the courts allow an officer or employee. A lawyer can appear in an appeal of a Small Claims because the appeal is done in Superior Court.

This brings up another interesting scenario. If an officer of a corporation appears in Small Claims on behalf of a corporation, can that same officer appear in an appeal of a Small Claims judgement? Probably not. I can state that I have appeard in appeals court as an officer of the corporation and the "bench" did not order against my appearance. In all cases the "judge" was either a Commissioner or a Pro Tem and probably wasn't that sharp.
 

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