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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9028
Experience:  Since 1983
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In California, does an LLC have to use an attorney in order ...

Resolved Question:

In California, does an LLC have to use an attorney in order to bring sue.
Submitted: 8 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 8 years ago.
The only time an artificial entity such as an LLC could sue without an attorney might be in small claims court. Someone has to represent the LLC in court, and only an attorney is allowed to do that.

I hope this answers your question.
N Cal Attorney and 3 other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to N Cal Attorney's Post: Might be? In my situation that is what they are doing. First they tried in civil court but dimissed and now have come back in small claims. Might be, is not definitative enough.
Expert:  N Cal Attorney replied 8 years ago.
According to Cal Dept of Cnsumer Affairs at

Who Can File or Defend a Claim?
With certain exceptions, anyone can sue or be sued in small claims court. Generally, all parties must represent themselves. A person or an entity (for example, a corporation) that files a small claims action is called the plaintiff. The party who is sued is called the defendant.

An individual can sue another individual or a business, but may not file a claim against a federal agency. A business, in turn, can sue an individual or another business. However, an assignee (a person or business that sues on behalf of another, such as a collection agency) can't sue in small claims court.

SO DCA says yes a corporation can sue in small claims court on it's own claim.

What is the nature of the claim?
Customer: replied 8 years ago.
First unlawful detainer eviction. Failure to repair flood damage so I exercised a constructive eviction. Prior to me vacating the premises they dropped the case. Then two days after I vacated they filed in small claims and are going after rent and damages. They want me to pay for the flood damage,landscaping, etc.
Expert:  N Cal Attorney replied 8 years ago.
You should consider filing a counterclaim. Tell me what town or county you are in please, I can probably find your free local small claims advisor for you.

Or you can find that person here:

Nolo Press publishes some books that would probably help you. See and

They are titled California Tenants' Rights and Everybody's Guide to Small Claims Court in California

I hope this information is helpful.

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