Judge: Robert B. Broadbelt, Case: 24STCP02531, Date: 2025-06-10 Tentative Ruling

Case Number: 24STCP02531    Hearing Date: June 10, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Admiranda Maxwell  

RESPONDING PARTY:       Unopposed

Joinder to Motion for Summary Judgment / Adjudication

The court considered the moving papers filed in connection with this motion.

DISCUSSION

Admiranda Maxwell (“Maxwell”) filed the pending motion, captioned “Joinder to Motion for Summary Judgment / Adjudication,” on April 15, 2025.

It is unclear the relief that Maxwell requests.  It appears that Maxwell may be requesting an order permitting her to join this action as a plaintiff.  (Mot., p. 2 [“Join as Plaintiff files this motion asks this court to grant as any of join plaintiffs motions, claims or words and move forward on her merits . . . .”].)  The court finds that Maxwell (1) did not file a proof of service of the moving papers on plaintiff Howard Magee (“Plaintiff”)[1] and, even if Maxwell had served Plaintiff with this motion, (2) has not shown, by presenting adequate argument, authority, analysis, and evidence, that Maxwell must be joined as a party to this action pursuant to Code of Civil Procedure section 389. 

The court also notes that Maxwell has asserted, in this motion, that “Maxwell has power of attorney to represent Mr. Magee [i.e., Plaintiff][.]”  (Mot., p. 2.)  Maxwell states in her moving papers that she is not an attorney.  (“Joinder to Motion for Summary Judgment / Adjudication,” filed April 15, 2025, p. 2.)  “Section 6125 [of the Business and Professions Code] states, ‘No person shall practice law in California unless that person is an active member of the State Bar.’  Under the statute, one who is not a licensed attorney cannot appear in court for another person.  [Citations.]  Thus, one holding a special power of attorney cannot act as an attorney for another by virtue of the power of attorney.”  (Ziegler v. Nickel (1998) 64 Cal.App.4th 545, 547-548 [internal citations omitted]; In re Marriage of Caballero (1994) 27 Cal.App.4th 1139, 1151 [“Despite broad statutory language of the power of attorney with respect to claims and litigation, the attorney in fact may not act as an attorney at law on behalf of his principal, even though the principal could appear in propria persona”].)  Since Maxwell is not an attorney and is attempting to represent Plaintiff in this action, that is improper.

ORDER

            The court denies Admiranda Maxwell’s joinder to motion for summary judgment / adjudication.        

            The court orders Admiranda Maxwell to give notice of this ruling.

IT IS SO ORDERED.

DATED:  June 10, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court