Legal Question in Civil Litigation in California

I am suing my landlord for my deposit back. She has asked the court to dismiss the case because I listed the name that I made my rent check out to for two years. Her name is Rachel Z. And I made my rent checks out to Rachel Ben-Ami and that is the name I listed on the complaint. Will my case be dismissed or can I amend it?


Asked on 10/08/11, 2:01 pm

2 Answers from Attorneys

If the motion has not come on for hearing yet, just file an amended complaint naming the defendant as Rachel Z, also known as Rachel Ben-Ami.

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Answered on 10/08/11, 2:20 pm
Anthony Roach Law Office of Anthony A. Roach

It is going to depend on whether you are in small claims, or have filed a limited or unlimited civil case. In a limited civil and unlimited civil, you can amend the complaint. In a small claims, you may have to refile after dismissal.

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Answered on 10/11/11, 1:35 pm


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