Aulisio

As the author of Hansen v. Hansen (2003) 114 Cal.App.4th 618 [ 7 Cal.Rptr.3d 688 ] (Hansen), I have a responsibility to write separately to emphasize the decision to permit Anthony Aulisio, Jr., as trustee of the CAAJ Leasing Trust (the CAAJ Trust), to appear in propria persona is narrowly limited to the asserted facts of this case and is consistent with Hansen and with Ziegler v. Nickel (1998) 64 Cal.App.4th 545 [ 75 Cal.Rptr.2d 312 ] (Ziegler) and City of Downey v. Johnson (1968) 263 Cal.App.2d 775 [ 69 Cal.Rptr. 830 ] (City of Downey). Hansen, Ziegler, and *1529 City of Downey were correctly decided and nothing in the majority opinion should be read as abrogating or limiting them in any way. As explained in the majority opinion and in my concurrence, Aulisio can be self-represented only because he claims to be the sole settlor, sole trustee, and sole beneficiary of a revocable trust.

Business and Professions Code section 6125, part of the State Bar Act, provides that “[n]o person shall practice law in California unless the person is an active member of the State Bar.” As Hansen explains, “[sjince the passage of the State Bar Act in 1927, persons may represent their own…

*1519 Opinion

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowners association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., doing business as Patrol One, and Bill Bancroft), and a towing company (PD Transport, doing business as Southside Towing, and John Vach), did not wrongfully tow and convert his Jeep vehicle, or convert the personal property it contained. CAAJ Leasing Trust (CAAJ), which Aulisio created as sole grantor, trustee, and trust beneficiary, owned legal title to the Jeep and also appeals. Specifically, CAAJ appeals the trial court’s ruling at the outset of trial that CAAJ “can’t participate in the proceedings” with Aulisio appearing in propria persona as the trust’s sole trustee and sole beneficiary.

The trial court relied on precedent that an executor or personal representative may not appear in propria persona in court proceedings outside the probate context on behalf of a decedent’s estate because representing another person or entity’s interest in a lawsuit constitutes the unauthorized practice of law. (Hansen v. Hansen…

Filed 10/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

ANTHONY AULISIO, JR., et al.,

Plaintiffs and Appellants, G048906

v. (Super. Ct. No. 30-2012-00573872)

BILL BANCROFT et al., OPINION

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Geoffrey T. Glass, Judge. Affirmed in part, reversed in part and remanded. Motion to dismiss appeal. Denied. Anthony Aulisio, Jr., in pro. per., and as sole settlor, trustee, and beneficiary of Plaintiff and Appellant CAAJ Leasing Trust. Law Office of Neal C. Swensen and Neal C. Swensen for Defendants and Respondents Bill Bancroft and BLB Enterprises, Inc., dba Patrol One. Law Office of Brian Kindsvater and Brian Kindsvater for Defendants and Respondents John Vach and PD Transport, dba Southside Towing. Law Office of Andrew W. Macrae and Jeffrey N. Redd for Defendants and Respondents Optimum Professional Property Management, Inc., and Debra Kovach. * * * Anthony Aulisio, Jr., appeals from a…