FRYE v. TENDERLOIN HOUSING CLINIC, INC.

No. S127641.

40 Cal.Rptr.3d 221 (2006)

38 Cal.4th 23

129 P.3d 408

Steven FRYE, Plaintiff and Appellant, v. TENDERLOIN HOUSING CLINIC, INC., Defendant and Respondent.

Supreme Court of California.

March 9, 2006.


Attorney(s) appearing for the Case

Law Offices of Andrew M. Zacks, Law Offices of Paul F. Utrecht, Zacks Utrecht & Leadbetter, Andrew M. Sacks, Paul F. Utrecht and James B. Kraus, San Francisco, for Plaintiff and Appellant.

Chapman, Popik & White, Susan M. Popik, Kyle D. Kickhaefer, Benjamin J. Riley, San Francisco; Tenderloin Housing Clinic and Stephen L. Collier, San Francisco, for Defendant and Respondent.

Heller Ehrman, Steven V. Bromse, Warrington S. Parker III, Ethan C. Glass, San Francisco; The Impact Fund, Brad Seligman, Berkeley, and Sarah Varela, for the American Civil Liberties Union Foundation of Northern California, the American Civil Liberties Union Foundation of Southern California, the American Civil Liberties Union Foundation of San Diego and Imperial Counties, The Impact Fund, Natural Resources Defense Council, the Center for Biological Diversity, the Center on Race, Poverty & the Environment, Disability Rights Advocates, the Environmental Defense Center, the Utility Reform Network, Equal Rights Advocates, Electronic Frontier Foundation and Charles D. Weisselberg, as Amici Curiae on behalf of Defendant and Respondent.

Western Center on Law and Poverty, Richard A. Rothschild, Los Angeles; Latham & Watkins, Amos E. Hartson, Kathryn M. Davis, Beth A. Collins, Keith Wesley, Los Angeles; Greines, Martin, Stein & Richland and Robin Meadow, Los Angeles, for the Los Angles County Bar Association as Amicus Curiae on behalf of Defendant and Respondent.

Carroll, Burdick & McDonough and Don Willenburg, San Francisco, for Eviction Defense Collaborative, Inc., as Amicus Curiae on behalf of Defendant and Respondent.

Anthony T. Caso, for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.

Legal Services of Northern California, Gary F. Smith, Sacramento; Western Center on Law and Poverty, Richard A. Rothschild, Los Angeles; and Julia R. Wilson, for Legal Aid Association of California as Amicus Curiae on behalf of Defendant and Respondent.

Marie M. Moffat, Lawrence C. Yee, Karen Segar Salty, San Francisco, and Rachel S. Grunberg, for the State Bar of California as Amicus Curiae.


GEORGE, C.J.

The present case concerns the authority of nonprofit corporations to practice law. The Court of Appeal held that Corporations Code section 13406, subdivision (b) (section 13406(b)) provides the sole authority under which a nonprofit public benefit corporation is authorized to practice and that, in failing to comply with section 13406(b), defendant Tenderloin Housing Clinic, Inc. (THC), engaged in the unauthorized practice of law.1

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