Judge: Armen Tamzarian, Case: 23STCV11736, Date: 2023-09-26 Tentative Ruling

Case Number: 23STCV11736    Hearing Date: January 11, 2024    Dept: 52

Plaintiff National Commercial Recovery, Inc.’s Motion to Correct Name of Plaintiff in Default Judgment

Plaintiff National Commercial Recovery, Inc. d/b/a Blair Smith and Associates moves to amend the judgment to correct an error in the plaintiff’s name. 

Code of Civil Procedure section 473(d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed.”  A trial court has “inherent power to correct clerical error in [a] judgment.”  (Ames v. Paley (2001) 89 Cal.App.4th 668, 672.)

The court entered default judgment for plaintiff against defendant Stephanie Garcia on September 26, 2023.  The default judgment, however, has a clerical error in plaintiff’s name.  It identifies plaintiff as “National Commercial Commercial Recovery, Inc. a California corporation d/b/a Blair Smith and Associates,” repeating the word “Commercial.”  (Judgment, § 5.a.)  The court will correct this clerical error to conform section 5.a. of the Judicial Council form JUD-100 to the default judgment entered for plaintiff National Commercial Recovery, Inc. d/b/a Blair Smith and Associates.

Disposition

Plaintiff National Commercial Recovery, Inc. d/b/a Blair Smith and Associates’ motion to correct name of plaintiff in default judgment is granted.  The court will issue a corrected judgment on Judicial Council form JUD-100.