What is the name of your state (only U.S. law)? California
I am the plaintiff in a tort case. I filed a summons and complaint with the court recently. A few days ago, someone served the defendant with the summons and complaint. Today, I filed the completed proof of service.
This evening, I was glancing at the proof of service, i.e., Proof of Service of Summons, form pos-010. I noticed that that there was an error in the spelling of the first name of the person served. I refer to where the instructions read, “Party served (specify the name of party as shown on documents served”.
An extra “a” was inadvertently in the first name. Does this make the service of the summons and complaint invalid?
Note however that this person was personally served, inside of his apartment. Also, on the proof of service where it says “Defendant/Respondent”, his name is spelled correctly
I realize that I must bring this to the attention of the court.
What should I do to correct this?
Should I ask court clerk to “invalidate” the proof of service that I filed today?
Should I have someone serve the defendant once again, with all the same documents as before? Then, that person could fill out a new proof of service, which I could subsequently submit.