[WSBARP] UD Defense Gurus

[Paul Neumiller]

Hi All, I represent a commercial tenant in an UD action.  At the show cause hearing yesterday, I alleged that LL had improperly served the eviction notice, if at all.  Judge ordered an evidentiary hearing on question of whether tenant was served properly or, from the bench the Judge suggested the LL re-serve the eviction notice and then "amend the complaint."  So, today, the LL served a brand new eviction notice on the tenant.  It would appear that the LL has decided to re-ring the bell and serve a new notice rather than fight about service of the old notice.  I suspect the LL is following the Judge's advice from the bench and will now attempt to amend the complaint.  

1.	BUT BUT BUT, the initial complaint is based on faulty service of the eviction notice.  Doesn't the LL have to file a new complaint?  Can a LL really rehabilitate the old complaint by re-serving the eviction notice and then amend the complaint.  Or, is this one of those times when the judge will roll his or her eyes at me and allow the LL to amend the complaint because that is the functional equivalent of a filing a new lawsuit?  

2.	BTW, I have already filed an answer to the old complaint so is my understanding correct that the LL has to note up a hearing to get the court's permission to amend the complaint? 


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