Legal Question in Civil Litigation in California
If in a complaint, the Defendant�s name is erroneously stated as �X� and is later amended to �XY�.
Is Defendant � XY erroneously sued as X� the same as Defendant �XY�. ?
Asked on 9/10/11, 4:31 am
2 Answers from Attorneys
If it is just a minor error, like naming Patty Smith instead of Pattie Smithe it probably won't matter much and a simple correction can be made. As long as Pattie Smithe was properly served. If Patty Smith was named and an entirely different person should have been named the initial suit would have to be dismissed and another suit would have to be filed.
Answered on 9/10/11, 5:54 am
Anthony Roach
Law Office of Anthony A. Roach
Is Defendant � XY erroneously sued as X� the same as Defendant �XY� ?
Yes, given those variables.
Answered on 9/13/11, 1:32 pm
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