§1.10 Proper Plaintiff

The UD complaint must state the plaintiff’s capacity and standing to sue, or the complaint is subject to a special demurrer. [CCP §§1165, 430.10(b).] Because pleading rules require that the plaintiff has the right to possession (i.e., is the real party in interest), only the owner or the successor in estate to the owner is a proper plaintiff to bring the action. [CCP §§1165, 367.]

However, a property management company with a written agreement that includes an assignment of the right to possession may sue in its own name for possession without joining the owner. [See CCP §369(a)(3); National Reserve Co. of Am. v Metropolitan Trust (1941) 17 C2d 827, 831.]

Click

Corporations, unincorporated associations, and partnerships must be represented in court by licensed attorneys and may not appear through nonattorney agents or as self-represented litigants. [See Merco Constr. Eng’rs, Inc. v Municipal Court (1978) 21 C3d 724, 730–731; Say & Say, Inc. v Ebershoff (1993) 20 CA4th 1759, 1767; Albion River Watershed Protection Ass’n v Department of Forestry & Fire Protection (1993) 20 CA4th 34, 37.] Similarly, trustees of trusts and holders of a power of attorney must appear through attorneys. [See Ziegler v Nickel (1998) 64 CA4th 545, 548–549; Drake v Superior Court (1994) 21 CA4th 1826, 1831.]

Click