3 ms·

In some states, companies have to send a regular employee to small claims court. For example, in California, "a corporation may appear and participate in a sma

In some states, companies have to send a regular employee to small claims court. For example, in California, "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." http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=116.540.&lawCode=CCP http://leginfo.legislature.ca.gov/faces/codes_displaySection...

deleted 9y ago
[deleted]
vkou 9y ago
My naive reading of this leads me to believe that they can send a lawyer who is primarily employed for... A million and one other purposes. (M&A, non-small-claims-court litigation, contract law, etc.) What they can't do is send a lawyer employee whose sole job is small-claims-court litigation.
- tzs 9y ago
  The section the poster above you referenced also includes this: > (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. Here is the relevant part of section 116.530 [1]: > (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. > (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: > (1) By or against himself or herself. > (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. > (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys. So...it looks like for a corporation that is not a professional corporation, they cannot send an attorney even if that attorney is a regular employee. That does raise an interesting question. What happens if a corporation is not a professional corporation, but every officer, director, and employee is an attorney? They would not fall under the 116.530(b) exception, and so would seem to all be excluded uner 116.540(m). [1] http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=116.530.&lawCode=CCP http://leginfo.legislature.ca.gov/faces/codes_displaySection...

deleted 9y ago

[deleted]

vkou 9y ago

My naive reading of this leads me to believe that they can send a lawyer who is primarily employed for... A million and one other purposes. (M&A, non-small-claims-court litigation, contract law, etc.) What they can't do is send a lawyer employee whose sole job is small-claims-court litigation.

tzs 9y ago
The section the poster above you referenced also includes this: > (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. Here is the relevant part of section 116.530 [1]: > (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. > (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: > (1) By or against himself or herself. > (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. > (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys. So...it looks like for a corporation that is not a professional corporation, they cannot send an attorney even if that attorney is a regular employee. That does raise an interesting question. What happens if a corporation is not a professional corporation, but every officer, director, and employee is an attorney? They would not fall under the 116.530(b) exception, and so would seem to all be excluded uner 116.540(m). [1] http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=116.530.&lawCode=CCP http://leginfo.legislature.ca.gov/faces/codes_displaySection...