Plaintiff Names

[dyuan]

What is the name of your state? California

I filed a small claims against a tenant, for my mother, who lives out of state. The tenant owes her three months rent.

My mother will not be able to fly to CA to attend the small claims court, due to poor health.

Can I use only my name on the claim to sue the tenant. I represented and signed for my mother on the rental agreement.

If I need to put her name on the claim, will she need to fly here to attend court, or can I still represent her.

Thanks.

 

[JETX]

"I filed a small claims against a tenant, for my mother, who lives out of state. The tenant owes her three months rent."
*** Was this filed in your name, or your mothers??

"Can I use only my name on the claim to sue the tenant. I represented and signed for my mother on the rental agreement."
*** Was the lease in your name or your mothers? Simply, if it was in her name, then you would have no 'standing' in the matter.

"If I need to put her name on the claim, will she need to fly here to attend court, or can I still represent her."
*** If her name is on the lease, the suit must be in her name. And if she is unable to attend court, you cannot represent her. That would be UPL (Unauthorized Practice of Law). Simply, you cannot represent another person in court without actually being a licensed attorney.

 

[dyuan]

Hi JETX,

The claim was filed by me.

The lease has her name as the Owner of the property, but was signed by me representing her on the signature line. I was acting as her property manager or agent. This would be similar to when one goes and rent an apartment, you will have the property manager deal with all the tenant on the rental agreement contract.

Her name is on the lease as " owner " and the lease was executed by me, as the agent.

Base on this, can I still do this case in court?

 

[AmateurShyster]

First of all, under California law, attorneys are not even allowed to participate in small claims actions unless they are the party in interest. Cal. Code Civ. Proc. sec. 116.530.

Second, sec. 116.540 of the Code of Civil Procedure provides specifically for the OP's case:

(a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action.

. . .

(h) A party who is an owner of rental real property may appear and participate in a small claims action through a property agent under contract with the owner to manage the rental of that property, if (1) the owner has retained the property agent principally to manage the rental of that property and not principally to represent the owner in small claims court, and (2) the claim relates to the rental property.

Even without this, I don't think a court is going to object to a son standing in for an out-of-state mother who can't travel because of health. Never mind the theory -- the court will find a way to do substantial justice.

 

[dyuan]

AmateurShyster,

Many thanks for your info.

cheers,
David