So...I was served papers which says it is an "Amended Complaint", but I never was served the original complaint, are they required to serve me the original complaint? I think that the original complaint had some dates wrong and the rent amount wrong, along with my name wrong because the name that is on the 60 day notice they said they served and on the proof of service paperwork in the amended complaint they crossed out the name that was there and my name is hand written in next to it...can you amend someone's name after you serve it with the wrong name on it? I can understand being able to change the name on a complaint if you slightly misspelled it or if you didn't know it i.e. - Jane Doe to the persons real name but I wouldn't think you could serve someone paperwork, (nail and mail) with the wrong name on it and then swear to the court that the right person was served, then after you've filed proof of service with the wrong name on it be able to go and amend the name of the person you served to the right name (for example say the name was Josh Smith, but they put Jobe Tsunoda, then crossed it out after it was served with Jobe Tsunoda as the name and write Josh Smith next to it?
I doubt it. If properly filed and served, the amended complaint is now controlling. The judge will not entertain any arguments relating to the original complaint.
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
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