Legal Question in Real Estate Law in California
Part VI - Harassment by Landlord
They have spelled my name wrong on the summons so will this be on my record? I was planning to buy a home next year and my credit report is good-excellent. I don't want this to mar my record. Also, what protection do I have? Do I have to go to court?
1 Answer from Attorneys
Re: Part VI - Harassment by Landlord
Misspelling a name on a summons is not a fatal flaw if the misspelling and the real name would be pronunced the same or pretty much the same, as Catherine vs. Catharine vs. Katharine or White vs. Whyte. I think even Joan vs. Joanne would pass muster. The question, if before a judge, would be whether the person summoned, upon being served, would reasonably understand that it was intended for her.
In a 1914 case, the United States Supreme Court ruled that "Guilfuss" was sufficiently alike to "Geilfuss" despite a slight difference in proper pronunciation to put Mr. Geilfuss on constructive notice that he was the intended defendant. See Grannis v. Ordean, 234 U.S. 385.
Your first "protection" when served with a summons and complaint, whether it is unlawful detainer or something else, is to file and serve an Answer within the allotted time. If there is a trial, your chances of winning are remarkably better if you appear at trial and put up a defense!
From the other parts of your story, I would say you have some of the elements of a defense, but defending or counterclaiming in an unlawful detainer on the basis of harrassment may not be permissible, as the right to assert counterclaims as well as certain defenses is not always present in a UD proceeding.