California Appellate Tracker

1215 Fell SF Owner LLC v. Fell St. Automotive Clinic (2025) 110 Cal.App.5th 739

June 12, 2025

In this case, appellants challenged judgments entered on unlawful detainer complaints, claiming that the trial court lacked jurisdiction because the complaint erroneously alleged that the two plaintiff LLCs were California LLCs whereas, in fact, they were Delaware LLCs. Following Jo Redland Trust U.A.D. 4-6-05 v. CIT Bank, N.A. (2023) 92 Cal.App.5th 142, this decision holds that the judgments are not void. The trial court retains jurisdiction to grant the plaintiff leave to amend the mistaken pleading under CCP 473(a)(1). If the claim is otherwise viable as a legal matter and the defendant has not been prejudiced by the misnomer in the pleading, leave to amend should be granted. When the pleading defect is first raised after entry of judgment by means of a motion to vacate the judgment, the plaintiff may respond by seeking leave under CCP 473(a)(1) to amend its complaint to correctly name the plaintiff or correct whatever other pleading error is raised in the motion to vacate.

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1215 Fell SF Owner LLC v. Fell St. Automotive Clinic (2025) 110 Cal.App.5th 739

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