Legal Question in Personal Injury in California

It should be a problem at all. Was it misspelled throughout the complaint or just in the caption? You should call the clerk of the court and see what they would like you to do.

Mr. Kane is wrong, at least in CA. The clerk will be of no help at all, and it is, in fact, illegal for the clerk to help you with something like this. You are right to be concerned about correcting the name after the statute of limitations has run, but it is not an insurmountable problem. You should, however, get the guidance of a licensed and qualified California litigator to assist you in correcting this, to make sure you don't lose any rights.

Unlike Mr. McCormick's assertion, I did not mean contacting the clerk of the court would be a cure-all to your problem. It may, however, provide you with information on how to proceed. The individuals in the office are usually helpful, unless you give them reason not to be. I would be interested in seeing any valid case law where a case was dismissed based solely on a scrivener's error and the statute of limitations has run during the period it took to correct it.