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Defective Complaint

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

Defective Complaint

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

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WI Court of Appeals – District I

Case Name: Berrada Properties 66 LLC v. Chakari Lathan

Case No.: 2022AP000575

Officials: Dugan, J.

Focus: Defective Complaint

This case involves a small claims eviction action that was filed in the Milwaukee County Circuit Court, Case No. 2022SC2014 on January 27, 2022 by Berrada Properties. Lathan appeals an order denying her motion to dismiss, a judgment in favor of Berrada Properties for restitution of the subject premises, and an order for a writ of restitution. On appeal, Lathan argues that Berrada Properties did not plead sufficient facts in its original complaint, that the trial court lacked personal jurisdiction because the complaint was not signed by a properly authorized person or an attorney, and that Berrada Properties’ amended complaint was also defective.

The appeals court concludes that because the complaint identifies the wrong plaintiff, the wrong defendant, and the wrong address of the property, it is defective as to Lathan and that because the defective amended complaint was the only live operative complaint at the time of the motion to dismiss, the court erred in granting judgment in favor of Berrada Properties and denying Lathan’s motion to dismiss

Reversed and Remanded.

Decided 05/09/23

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