If a plaintiff misspelled the defendant's first name in his lawsuit, can he fix it in subsequent filings/motions?

Asked over 2 years ago - Los Angeles, CA

I spelled the defendant's first name differently then he spells it, and his attorney keeps writing, "erroneously served and sued as. . ."

Attorney answers (2)

  1. Paul Y. Lee

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . It is not unusual for a complaint and/ or summons to name a defendant incorrectly or with misspelling. It is proper for the defendant to utilize the correct name following the phrase "erroneously sued and served as." The incorrect name or misspelling will have no substantive effect on the outcome of the case, so don't worry about the fact that the defendant is utilizng the "erroneously sued and served as" language.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . I agree with Attorney Lee. Typos are common in complaints. Using the phrase "erroneously sued and served as" is fine. Or you can file an amendment to the complaint.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more

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