Legal Question in Business Law in California
As a pro se to waive filing fees, I filed a civil complaint as an individual in the Superior Court for breach of contract and misuse of intellectual property against an S&P 500 company, defense council responded and moved my complaint into The U.S. Court Southern District of California, where the docket number is 11-CV-00424. The name of the defendant is Snap-on Incorporated and the corporation I 100% own, Novel Wares, Inc., a California sub C corporation, is the plaintiff because I filed a FRCP 17 joinder. I have responded to defense�s demurrer to dismiss for failure to state a claim with an opposition, memorandum of points and authorities, first amended complaint and a motion for judgment on the pleadings. Since I have done all the paperwork to date for the said case, how hard might it be to retain council to hold my hand and do just the oral argument portion on my behalf?
3 Answers from Attorneys
You didn't like the answer several attorneys gave you, so you just re-asked the question. Watch my lips. You can't represent your corporation. Since you're in pro per and have no idea what you are doing, you will lose the demurrer and the case. If you are serious about winning your case, if the consequences are important to you, you will need to retain counsel. It is an insult to all attorneys to describe what we do as "hand-holding," although some clients need this. While there is a concept known as "limited scope representation" (look it up) I doubt any attorney is going to orally argue your case based on your amateur paperwork, and once again, all together now, A CORPORATION MAY NOT APPEAR IN COURT UNLESS IT IS REPRESENTED BY A LICENSED ATTORNEY.
Why do you post here if you refuse to listen to our advice? Your time would be better spent at a local bar where you can order some drinks and complain about the law.
The law is clear. The plaintiff is a corporation, and cannot be represented by anyone other than a licensed attorney. It doesn't matter how much of the corporation you own. If you do not hire an attorney to represent the corporation, your case will be dismissed.
You're starting to piss off the attorneys who respond to these questions in an effort to assist people, which is just going to damage your own efforts to find an attorney to represent the corporation.
your complaint is subject to a motion to strike because a corporation must be represented by a lawyer. Most lawyers do not want to provide limited scope representation on a case like this.
Related Questions & Answers
-
I am the founder of a nonprofit corporation 501c3. As the person who has done... Asked 3/25/11, 9:55 pm in United States California Business Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
