Legal Question in Civil Litigation in California
If I am suing someone, and they ask the court to dismiss the case because the name is wrong, but it is the name that I always made my rental payments to, will the case be dismissed?
2 Answers from Attorneys
Your question is way to simplistic to answer and the answer would depend on a large number of facts that you do not even begin to provide. Just for example, if you are suing a landlord and you made your rent checks out to a management company and sue in the name of the management company for something that is the landlord's responsibility, sure your case will be dismissed. If you are suing your landlord whose name is Jonathan Smith and you always made your rent check out to Jon Smith, it probably won't. Obviously few dismissal motions are that simple, and with no information or context for your situation there is no way to answer you.
You should file an opposition to their motion, and make the legal points necessary.
Related Questions & Answers
-
How do I correct a clerical error in a civil assesment case from 1997? Asked 10/07/11, 3:22 pm in United States California General Civil Litigation