Paradise v. Nowlin

WILSON, J.

Plaintiffs-respondents have moved to dismiss the appeal of defendant-appellant Federated Income Properties, Incorporated, a corporation, on the ground that appellant failed to pay the filing fee within 20 days after being notified by the clerk of the Supreme Court to pay the same. (See Rules on Appeal, rule 10(a), 22 Cal.2d 10.)

The motion must be granted on the ground stated but there is another and more important reason for the dismissal of the appeal on the court’s own motion, to wit, that the defendant corporation filed the notice of appeal in the superior court and its opposition to the dismissal in this court in propria persona. Such notice and opposition are void by reason of the corporation’s lack of power to represent itself in an action in court. Defendant was represented by an attorney at the trial but his services apparently terminated with the entry of judgment in favor of plaintiffs.

A composite of the rule in the decided cases, overwhelmingly sustained by the authorities, may be thus stated: A natural person may represent himself and present his own ease to the court although he is not a licensed attorney. A corporation is not a natural person. It is an artificial entity created by law and as such it can neither practice law nor appear or act in person. Out of court it must act in its affairs through its agents and representatives and in matters in court it can act only through licensed attorneys. A corporation cannot appear in court by an officer who is not an attorney and it cannot appear in propria persona. (Bennie v.

Triangle Ranch Co.,

73 Colo. 586 [216 P. 718] ;

Mortgage Comm.

v.

Great Neck Imp. Co.,

162 Misc. 416 [295 N.Y.S. 107, 112];

Aberdeen Bindery

v.

Eastern States etc. Co.,

166 Misc. 904 [3 N.Y.S.2d 419, 423];

Finox Realty Corp.

v.

Lippman,

163 Misc. 870 [296 N.Y.S. 945, 949];

J. T. Whalen, Inc.