Ferruzzo v. Superior Court

Opinion

GARDNER, P. J.

In this writ of mandate proceeding, petitioner is the attorney of record for C & D Enterprises, Inc. in respondent’s case numbers 288459, 289608, and 286975. There is no appearance by either respondent or real party in interest.

In the respondent superior court petitioner, upon noticed motion, moved in each case to be relieved as counsel of record for the corporation (real party in interest) and to be relieved as counsel in two of the cases for individuals apparently connected with the corporation. The grounds consisted of noncooperation and nonpayment of attorney fees.

[503]

In case number 288459 the court granted the withdrawal motion as to the two individuals but denied the motion as to the corporation. In 289608 the court granted the withdrawal motion as to the sole individual client but denied the motion as to the corporation. In 286975 there were no individuals as clients and the court denied the motion as to the corporation.

In each case the court denied the motion on the ground that the client was a corporation and the court was without authority to allow the withdrawal as attorney of record for the corporation because, in the court’s opinion, the only available method for counsel to withdraw was by substituting in new counsel. In other words, the superior court’s view was that it was powerless to grant the withdrawal motion because it would place the corporation in a position of acting in propria persona.

Subsequent to the issuance of our alternative writ, the superior court in case 286975 vacated its prior order, exercised its discretion, and granted petitioner’s motion to be relieved as the corporation’s attorney of record. In the other two cases it is clear that the superior court would have originally granted withdrawal as to the corporation if the court thought it possessed the discretion to do so for the motion was granted on the same facts as to the individual clients.

The rule is clear in this state that, with the sole exception of small claims court, a corporation cannot act in propria persona in a California state court.

(Merco Constr. Engineers, Inc.