Legal Question in Civil Litigation in California

i'm a single member LLC and I have been served a personal injury complaint. The plaintiff's attorney served me personally, then my LLC, finally my LLC dba. From my research, I have read that single member LLC's are not seen as corporations but as sold proprietorship thus allowing for pro per representation. Is the a correct fact?


Asked on 3/01/12, 4:05 pm

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Fortunately, you are wrong.

A limited liablity company is a separate legal entity, just like a corporation is a separate legal entity apart from its owners. You can't represent a separate legal entity unless you are a licensed attorney.

I say it is fortunate that you are wrong, because your research is flawed and shows the pitfalls when a layperson attempts to represent themselves in a complex matter. Fortunately your LLC will have to get an attorney for representation.

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Answered on 3/01/12, 4:46 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You and/or your LLC would, of course, receive a free legal defense if covered by liability insurance. The plaintiff's lawyer could lose interest in the case quickly upon learning you don't have insurance.

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Answered on 3/01/12, 8:34 pm


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