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 create an attorney-client relationship.
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 nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.