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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.