Eviction in CA with a building in a LLC must be done by lawyer?

[Nicholas Lohr]

I have a commercial 6-plex that is in the name of a LLC. I just went the courthouse to try and file an eviction for non payment of rent and someone there told me that I HAVE to have it done by a lawyer because it's in the name of a corporation. However I got the impression that she might be mistaken.

I then contacted an eviction attorney and she also said it must be done by a lawyer for the same reason.   But it occurs to me that of course a lawyer might say that in order to get the business.

Anyone know if it's required I use a lawyer as they say?

[Kyle J.]

They're correct. Think of a LLC, or a corporation, as a separate legal entity with the power of an artificial person according to the law (i.e. enter into contracts, bring a lawsuit, etc). If you were to go into court as a non-attorney and represent that LLC or corporation, you'd essentially be representing another "person" in court and therefore practicing law without a license. You can represent yourself (in pro per) without being licensed, but not someone else.

Here's a few links on the topic:

https://nathanmubasher.wordpress.com/2017/02/20/a-corporation-cannot-represent-itself-in-court-in-california/

https://www.avvo.com/legal-answers/does-an-llc-need-to-be-represented-in-an-unlawful--367580.html

https://kaass.com/california-corporations-facing-lawsuit-must-be-represented-by-an-attorney/

https://www.occourts.org/self-help/landlordtenant/preparingyourcomplaint.html (this one is specifically about filing Unlawful Detainer complaints and says "If the plaintiff is a corporation, they must be represented by an attorney.")