Can I use POA in California?

Can I use a Power of Attorney for small claims court in California?

[sandra]

California Small Claims Court FAQ: Can Someone Else Represent You?

In most situations, parties to a small claims action must represent themselves. As a general rule, attorneys or non-attorney representatives (such as debt collection agencies or insurance companies) may not represent you in small claims court. Self-representation is usually required. There are, however, several exceptions to this general rule:

• Corporation or other legal entity — A corporation or other legal entity (but not a natural person) can be represented by a regular employee, an officer, or a director, and a partnership can be represented by a partner or regular employee of the partnership, but the representative may not be an attorney or person whose only job is to represent the party in small claims court.
• Property agent — A property agent may represent the owner of rental property if the property agent was hired principally to manage the rental of that property and not principally to represent the property owner in small claims court and the claim relates to the rental property. At the hearing, the agent should tell the judge that he or she was hired and is employed principally to manage the property, or this statement may be in a written declaration. A common interest development also may appear and participate in a small claims action through an agent.
• Sole proprietorship — In a case in which a claim can be proved or disputed by evidence of an account that constitutes a business record, and there is no other issue in the case, a sole proprietorship (such as a physician) can be represented by a regular employee who is employed for purposes other than solely representing the proprietor in small claims court actions, and who is qualified to testify to the identity and mode of preparation of the business record. In that situation, the employee must be able to testify that (1) the evidence of the account was made in the regular course of business, (2) the evidence of the account was made at or near the time of the transaction, and (3) the sources of the information about the account and its time and method of preparation are such as to indicate their trustworthiness.

For example, this exception to the general rule of self-representation might permit a dentist's bookkeeper to represent the dentist in an action to collect a patient's account. However, if the patient alleged that the dentist's services were unnecessary or performed poorly, the case would involve another issue of fact, and the dentist would need to appear at the hearing in person. As in all actions to collect debts and accounts, the plaintiff's claim form must include an itemization of all fees and charges that have been added to the original loan amount or agreed price.

In the following kinds of situations, a party need not appear in court, and may either send a representative or submit written declarations to prove his or her claim or defense. However, the representative can't be compensated, and is disqualified if he or she has appeared in small claims actions as a representative of others four or more times during the calendar year.

• Non-resident real property owner — A non-resident owner of real property located in California may defend a small claims case related to the property by submitting a declaration or sending a representative.
• Military service — A person who is on active duty in the military service outside California, or who while on active duty is transferred out of state for more than six months after the claim arose, may be represented by a non-attorney, and may submit declarations in support of his or her claim or defense. For instance, a tenant who is on active duty, and is transferred out of state for more than six months, can ask a qualified person to file a small claims action on behalf of the tenant to recover a security deposit from a landlord, and to represent the tenant at the hearing.
• Jail or prison — A person who is in jail or prison may be represented by someone who isn't an attorney, and may file written declarations in support of his or her claim or defense.
• Non-resident driver involved in an in-state auto accident — Some courts will allow a non-resident driver involved in an in-state auto accident to send a representative (but never an attorney), submit evidence by declaration, and appear in court by telephone. Contact a small claims adviser in the county where you're sued to learn about the procedures used in that county.

An individual who represents a party to a small claims court action must complete and sign an Authorization to Appear on Behalf of Party (Form SC-109) — a form provided by the clerk of the small claims court or printed at the Judicial Council's self-help website. The representative must state that he or she is actually authorized to represent the party, and he or she also must describe the basis for that authorization, such as a letter from the represented party. If the represented party is a corporation or other legal entity or an owner of real property, the representative also must state that the representative isn't employed solely to represent the corporation or entity in small claims court. In the other situations listed above, the representative must state that the representative is acting without compensation, and hasn't appeared as a representative in small claims actions more than four times during the calendar year.

California Small Claims Court FAQ: Can Your Spouse Represent You?

Spouses may represent each other in small claims court if they have a joint interest in the claim or defense and the represented spouse has given his or her consent. However, one spouse may not represent the other spouse if the court decides that justice would not be served — such as where their interests are not the same and may conflict. The represented spouse need not come to court if the judge allows representation.


Source:

http://www.dca.ca.gov/publications/s...ms/index.shtml