Wednesday, June 4, 2014

Um, is there a(n appellate) lawyer in the house?

To see a somewhat unusual way for an appeal to get dismissed, read this messy situation (here), which, 15 pages later, ends like this:
Thus, appellants Camellia Valley Supply, Inc. and CV Supply, Inc. are without legal counsel on this appeal. “ . . . [U]nder a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be represented by licensed counsel in proceedings before courts of record. [Citation omitted.]” (CLD Construction, Inc. v. City of San Ramon (120 Cal.App.4th 1141, 1145; Paradise v. Nowlin (1948) 86 Cal.App.2d 897, 898.) Being without counsel, Camellia Valley Supply, Inc.’s and CV Supply, Inc.’s appeal must be dismissed.