Can I Represent My Own LLC or Corporation in a California Court Without a Lawyer?

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

No. In California superior court, an LLC or corporation must appear through a licensed attorney, even when one person owns the whole company. An owner who is not a lawyer cannot sign the answer or argue for the entity. The exception is small claims court, where an officer, director, or regular employee may appear. Sole proprietors may represent themselves. The response is usually due 30 days after service, so the company needs counsel quickly. Kolmogorov Law, P.C. represents business entities in lawsuits in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online to discuss a lawsuit served on your company before the response deadline runs.

The rule: a company appears through a lawyer

A corporation is a legal person, but it cannot walk into a courtroom. Someone has to speak for it, and California treats speaking for another in court as the practice of law. No person may practice law in California unless the person is an active licensee of the State Bar. (Bus. & Prof. Code, § 6125.)

The Supreme Court applied that logic to entities decades ago. It refused to let a corporation appear through a non-lawyer officer or employee in any court other than small claims, and it struck down a statute that tried to allow it. (Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 727, 730-731.) Owning every share does not change the analysis. The company and its owner are different persons.

The published California decisions I have found speak of corporations. Their reasoning is not limited to them. Merco treats anyone who appears in court for another person or entity as practicing law, and an LLC is an entity. In practice, judges hold LLCs to the same rule. Federal courts apply it to every kind of artificial entity, partnerships and associations included.

What happens if the owner files the answer anyway

It happens often. An owner downloads a form answer, signs it "in pro per" for the LLC, and files it on day 29. The clerk may accept the paper. The problem arrives later, when the plaintiff moves to strike it.

California courts have treated the missing lawyer as a defect that can be corrected on terms the judge considers fair, not as something that voids the filing automatically. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141.) In practice that usually means a short deadline to retain counsel. Miss it, and the answer can be stricken and a default entered against the company.

The deadline that started all this is 30 days after the summons is served in an ordinary civil case. (Code Civ. Proc., § 412.20, subd. (a)(3).) An eviction (unlawful detainer) summons allows only 10 court days. (Code Civ. Proc., § 1167, subd. (a).) Our page on default judgments explains what a default costs and how hard one is to undo.

The rule cuts both ways. A complaint that a non-lawyer owner files for the company is exposed to the same motion.

The small claims exception

Small claims court is different by design. A corporation may appear there through a regular employee, or an officer or director, who was not hired solely to represent it in small claims court. (Code Civ. Proc., § 116.540, subd. (b).) An LLC or other entity appears the same way, and a partnership may send a partner. (Code Civ. Proc., § 116.540, subd. (c).) The representative signs a declaration of authority at the hearing. Lawyers, with narrow exceptions, may not take part in the hearing at all. (Code Civ. Proc., § 116.530, subd. (a).)

The tradeoff is size. An entity can sue in small claims for no more than $6,250. (Code Civ. Proc., § 116.220, subd. (a)(1).) Our small claims guide covers the hearing, and our page on small claims, limited civil, and unlimited civil cases compares the three tracks.

Sole proprietors, and owners sued with the company

A sole proprietor is the business. A fictitious business name does not create a separate entity, so the owner is the party and may appear without a lawyer, as any individual may.

Trouble starts when the plaintiff sues both the LLC and its owner. The owner may represent himself or herself. The owner may not represent the LLC. Owners in this position sometimes file one answer for both, and the company's half is open to a motion to strike.

There is a second reason to be careful. A plaintiff who names the owner personally is often arguing that the company and the owner are the same. An owner who personally handles the company's defense, on personal letterhead and from a personal email account, hands the plaintiff an exhibit.

Options when cost is the concern

Most owners who ask me this question are not trying to be their own lawyer. They are trying to control the cost of a lawsuit they did not choose. There are better ways to do that.

Check insurance first. A liability policy may owe the company a defense, as our page on business insurance and the duty to defend explains.
Read the contract for an attorney fees clause. If the winner recovers fees, the economics shift for both sides.
Ask the plaintiff's lawyer, in writing, for a short extension while you retain counsel.
Use counsel for a defined early push: the response, an exchange of key documents, and a settlement discussion.

Our pages on the first 30 days after being sued and what business litigation costs go further. The firm's civil litigation practice page describes how we handle these cases in the Orange County and Los Angeles Superior Courts.

What to bring to the first meeting

The summons and complaint, and the date and manner in which they were delivered.
Anything the company has already filed or sent to the plaintiff.
The contract or other documents behind the dispute.
The company's insurance policies.
The entity's formation documents, if the complaint also names you personally.

Frequently asked questions

I am the sole owner of an LLC that was just sued. Can I file the answer myself?

Not in California superior court. An LLC is a separate legal person, and appearing for it is the practice of law, which Business and Professions Code section 6125 reserves to licensed attorneys. An answer you sign for the LLC can be stricken. The response is usually due 30 days after service, so retain counsel or get a written extension before that date.

My corporation was sued in small claims court. Can I show up for it without hiring a lawyer?

Yes. Under California Code of Civil Procedure section 116.540, a corporation appears in small claims court through a regular employee, officer, or director who was not hired just for that purpose. You will sign a declaration stating your authority. Attorneys generally cannot appear at the hearing for either side, although you may consult one beforehand.

Can a corporation appear in pro per in California?

No, outside small claims court. The California Supreme Court held in Merco Construction Engineers, Inc. v. Municipal Court that a corporation cannot appear in court through an officer or employee who is not a lawyer. The rule applies whether the corporation is suing or being sued, and it does not depend on how few shareholders the corporation has.

What happens if a company does not hire a lawyer after being sued?

If nothing is filed for the company within the time to respond, usually 30 days after service, the plaintiff can request entry of its default, and a default judgment can follow. An answer the owner signs for the company can be stricken. California courts treat the missing lawyer as a curable defect and usually allow a short time to retain counsel, but not an indefinite one. Acting before the deadline is far cheaper than undoing a default.

Can a sole proprietor represent the business in court?

Yes. A sole proprietorship has no legal existence apart from its owner, even when it uses a fictitious business name, so the owner is the party and may appear without a lawyer in any California court. That changes once the business operates through an LLC or corporation. The entity then needs counsel everywhere except small claims court.

Talk to a California business litigation attorney

If your LLC or corporation has been served, call (909) 235-6116 or contact us online before the time to respond runs. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California.

This page provides general information about California law and is not legal advice. Outcomes depend on the entity, the court, and the facts of the case.