Legal Question in Landlord & Tenant Law in California

I mistyped the address in the complaint - unlawful detainer. The 3-day notice had the correct address but not the complaint. The court accepted the filing and the summons was served, The Defendants answered. However, I cant request a trial for case because the court rejected it because the address on the request to set trail is not the same as the complaint. Should I amend the complaint? If so, do I enter information reflecting todays date or do I just correct the address? Should I resubmit the request for trial with the address on the complaint,(the incorrect address) and bring up the error during the trial? What is the best avenue here? Also two of the occupants have moved out and each signed a relinquish form.


Asked on 2/08/16, 8:23 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

See if you can get defense counsel's signature on a stipulation to amend. Then appear ex parte to have the court order it. Otherwise, you'd have to file a noticed motion. The wrong address could be fatal to your claim.

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Answered on 2/08/16, 9:27 am


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