Legal Question in Civil Litigation in California

How can an Officer of Corp file Motion to set aside default judgment?

Introduction: A default judgment made against corporation without papers being served, and other mistakes made by Plaintiff. This request is from the Defendant. Attorney of corporation came across case while working on different case, and informed corporation. President of corporation prepared and filed a Motion to Set Aside Entry of Default and Default Judgment, and specified company's standard mailing address, and indicated his name and title, and that he is responding for Defendant. Motion was returned for two reasons: 1. Only Attorneys can use P.O. Boxes. 2. The Corp President cannot be attorney.

QUESTIONS: Primary question: How can Motion be filed by mail by the corporation President, and be accepted by SF court?

Note that no attorney is indicated on the Motion.

Secondary question: Must a non-P.O Box address be used, or how can we specify that address, since that is the only address which all mail goes to.


Asked on 2/13/03, 6:59 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: How can an Officer of Corp file Motion to set aside default judgment?

You have misunderstood the rules. Corporations can only appear in court represented by attorneys. While individuals can appear pro se (e.g. on their own behalf), corporations cannot. This is because a person would have to represent the interests of the corporation and, by definition, licensed attorneys are the only ones allowed to do this. There is an exception for small claims court, where attorneys are not allowed and where regular employees, officers, etc. may appear for their company.

Since the corp already has an attorney, he/she should file the motion. Unless you're in small claims (or are willing to live with the default) there is no alternative to having a lawyer do this.

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Answered on 2/13/03, 7:09 pm
Neil Newson Neil C. Newson & Associates

Re: How can an Officer of Corp file Motion to set aside default judgment?

In the eyes of the law a corporation is a separate and distinct entity and must be represented by an attorney. For the officer to so act he or she will be considered practicing law without a license. More importantly, a motion of the type that you are considering is very technical and will not be granted unless all the I's are dotted and the T's crossed.

I suggest that if the judgment is large enough, that you hire a lawyer. If small, pay it off and get a satisfaction of judgment.

I do not practice in the S.F. area but would be happy to refer you to competent counsel.

Good luck.

Neil C. Newson

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Answered on 2/13/03, 7:11 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: How can an Officer of Corp file Motion to set aside default judgment?

Thanks for your inquiry.

It's well established in California law that a corporation cannot represent itself in anywhere but small claims court without an attorney. The Court of Appeal instructed in 1948 in Paradise v. Nowlin: "A corporation cannot appear in court by an officer who is not an attorney and it cannot appear in propria persona."

I hope this helps, but if you need more information, have more questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.

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Answered on 2/13/03, 7:28 pm


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