Judge: Shirley K. Watkins, Case: 21VECV00918, Date: 2022-11-23 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 21VECV00918    Hearing Date: November 23, 2022    Dept: T

TENTATIVE RULING

The plaintiff is an entirely different entity.  The summons identifies the plaintiff as US Bank.  Regardless of whether the name was incorrect, what is relevant to the court is what notice was received by defendant.  The court cannot retrospectively change the name of the plaintiff to an entirely different entity without notice to defendant.  Accordingly, there are two options: the case can be dismissed without prejudice and refiled (as long as the statute has not expired) or the complaint can be amended to the correct name, have an amended summons issued with the correct plaintiff's name, re-served and new default entered if there is no timely response.  If the second option, the court will set aside the judgment but must also set aside the default as well for lack of notice to the defendant of the correct plaintiff.  The court will discuss at the hearing.  However, plaintiff cannot shortcut due process by failing to serve a summons with the correct name of the plaintiff.