In an eviction, if a tenant’s name is misspelled in “to whom notice was sent” section and on the envelope of a “request for hearing/trial”, is it valid?

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In an eviction, if a tenant’s name is misspelled in “to whom notice was sent” section and on the envelope of a “request for hearing/trial”, is it valid?

In an eviction, if plaijtiff misspells tenants name on the “request for hearing/trial” form, on the second page in the field listing all persons to whom notice was sent, and also misspells it on the envelope it was mailed in, willl the judge throw the case out of court or will eviction continue? Also, the case number has been changed and handwritten in on form; I was not notified of this change. Thirdly, the person signing on first page of unlawful detainer as landlord is different than the person that signed on second page at top of same. Will landlord have to start from beginning of process?

Asked on August 7, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A mispelling does not invalidate a complaint or other legal documents so long as it is still clear who the person is. Only if a genuine issue exists as to who was named in the complaint would there be grounds to dismiss it.

If the person who signed now is a co-owner of the property, a managing agent of the property, or an employee of the property owner or the managing agent, it is valid.

A correction in the case number will not throw out the case.

From what you write, this matter may go forward.


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