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FiveStarLaw
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36470
Experience:  25 years of experience helping people like you.
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I WANT TO REPRESENT MY CORPORATION IN COURT AND BE ABLE TO

Resolved Question:

I WANT TO REPRESENT MY CORPORATION IN COURT AND BE ABLE TO SPEAK DIRECTLY TO DEFENDANTS ATTORNEYS.
THIS IS IN A CASE IN CALIFORNIA, AND OUR ATTORNEY WISHES TO RESIGN, AND WILL NOT PERMIT ME TO TALK TO OPPOSING COUNSEL
Submitted: 8 months ago.
Category: Legal
Expert:  FiveStarLaw replied 8 months ago.
Hello,

Thank you for your question. My name is Ellen. I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. are you the sole shareholder of the corporation?
2. is the matter in Small Claims Court?



Thanks!
Customer: replied 8 months ago.

Yes, I am sole owner & president,


Claim is NOT in "Small Claims Court",


Discovery complete. Req.to Admit, Req. to Produce Documents, Form & Special Interrogatories. Plaintiff's & Defendants. No need for Depositions as we have all evidence needed. Breach of Contracts not disputed, only issue is amount of Damages.

Expert:  FiveStarLaw replied 8 months ago.
Thank you for your response Maury.

Unfortunately it is not legally possible for you to represent your corporation unless you are an attorney. A sole shareholder, with the exception of a small claims court matter, may not represent a corporation in court. A corporation is required to be represented by a lawyer.

A California corporation is a distinct and separate legal entity and may sue and may be sued. Even when the interests of the shareholder and the corporation are the same, the law does not permit a nonattorney shareholder to represent the corporation.

Individual litigants may represent themselves pro se, but corporations and associations must be represented by counsel.

Please let me know if you need any clarification. I would be glad to assist you further if I can
Customer: replied 8 months ago.

I understand Rules, but there is a provision where I can personally buy the Claim from the Corporation.

Expert:  FiveStarLaw replied 8 months ago.
That's a very interesting theory Maury. Of course an attorney would need to represent the corporation in a hearing to approve the claim sale and obtain court approval for you to be personally substituted for the corporation in the action.
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36470
Experience: 25 years of experience helping people like you.
FiveStarLaw and 5 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

I don't think it is a theory, but agree unusual. alternatively, we could ask for case to be dismissed WITHOUT prejudice, and refile a new suit in Federal Courts as Plaintiff is Florida corporation and other defendants are in California, Texas, Indiana, and based on Newly discovered evidence, an additional defendant resides in Oklahoma. We posted a CASH $50,000.00 bond to get Writ of Possession and had No problem as there was no possible defense. We do not seek Exemplar or Punitive damages as there is no amount of money that would ever make a "leopard change his spots". We believe we are entitled to provable Damages plus mitigation expenses and attorney fees as provided for in contract to the prevailing party. Then interest.

Expert:  FiveStarLaw replied 8 months ago.

Maury,

These options may be available to you – not knowing the details of your case I do not know your chances for success.

Customer: replied 8 months ago.

The California Bar Association clearly says an attorney has specific obligations that seem to require an attorney to follow all LEGAL requests etc. Asking permission to have direct contact with opposition attorneys and expressing willingness to accept "risk" of same, are legitimate requests.The opposition Defense attorneys have openly expressed "disdain & disrespect" for Plaintiff's attorney several times. This has become an attorneys cash cow.

Expert:  FiveStarLaw replied 8 months ago.

You may want to bring the situation to the judge's attention
Customer: replied 8 months ago.

How can I do this unless I can "bring it to the Judge's attention? Will he recognize me if I appear in opposition to any Motion?

Expert:  FiveStarLaw replied 8 months ago.
You will need to retain a different attorney to represent the corporation and schedule a hearing. You will not personally be recognized
Customer: replied 8 months ago.

Can corporation hire an attorney for the "SPECIFIC" purpose of opposition to any Motion to resign?


Of course we can file a complaint with the California Bar Association, and are aware the CCC 953 clearly says Attorney/Client privileges belong to CLIENT.

Expert:  FiveStarLaw replied 8 months ago.

Can corporation hire an attorney for the "SPECIFIC" purpose of opposition to any Motion to resign?

Yes


 

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