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-   -   Can a lawyer represent a landlord in small claims court in California (https://www.askmehelpdesk.com/showthread.php?t=741169)

  • Mar 26, 2013, 01:15 PM
    Druzzle
    Can a lawyer represent a landlord in small claims court in California
    I need to know if an attorney can represent an out of state landlord in small claims court
  • Mar 26, 2013, 01:31 PM
    JudyKayTee
    I am reading they cannot UNLESS there is a compelling reason and the Court gives permisison. I am guessing an out of State landlord would be a compelling reason.
  • Mar 26, 2013, 04:33 PM
    AK lawyer
    "116.530. (a) Except as permitted by this section, no attorney may
    take part in the conduct or defense of a small claims action.

    ..."

    "116.540. (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.
    (b) Except as additionally provided in subdivision (i), a
    corporation may appear and participate in a small claims action 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.
    (c) A party who is not a corporation or a natural person may
    appear
    and participate in a small claims action only through a
    regular employee
    , or a duly appointed or elected officer or director,
    or in the case of a partnership, a partner, engaged for purposes
    other than solely representing the party in small claims court.
    (d) If a party is an individual doing business as a sole
    proprietorship, the party may appear and participate in a small
    claims action by a representative and without personally appearing if
    both of the following conditions are met:
    (1) The claim can be proved or disputed by evidence of an account
    that constitutes a business record as defined in Section 1271 of the
    Evidence Code, and there is no other issue of fact in the case.
    (2) The representative is a regular employee of the party for
    purposes other than solely representing the party in small claims
    actions and is qualified to testify to the identity and mode of
    preparation of the business record.
    ...
    (g) A defendant who is a nonresident owner of real property may
    defend
    against a claim relating to that property without personally
    appearing by (1) submitting written declarations to serve as evidence
    supporting his or her defense, (2) allowing another individual to
    appear and participate on his or her behalf if
    that individual is
    serving without compensation and has appeared in small claims actions
    on behalf of others no more than four times during the calendar
    year, or (3) taking the action described in both (1) and (2).
    (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....
    (m) Nothing in this section shall operate or be construed to
    authorize an attorney to participate in a small claims action except
    as expressly provided in Section 116.530." CA Codes (ccp:116.510-116.570)

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