Legal Question in Landlord & Tenant Law in California

unlawfull detainer

i sued to evict, i misspelled defendentants first name. tammi instead of tammy . court date 4/22 do i start over?


Asked on 4/06/08, 10:08 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: unlawfull detainer

Follow Mr. Cohen's comprehensive (and correct) advice.

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Answered on 4/07/08, 7:30 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: unlawfull detainer

If "Tammy" answered the unlawful detainer complaint, she would have done so with her correct name. So, you can ask the court to correct the name before you get the judgment. Show the judge the lease with the correct spelling. If Tammy appears for trial, ask her how she spells her first name, and then ask the judge to correct it. If it's a default prove-up, you can show the judge the lease to correct the name.

Or, you can file a pleading with the court in advance to amend the complaint to include the proper spelling.

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Answered on 4/07/08, 5:34 am


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