Judge: Armen Tamzarian, Case: BC513624, Date: 2024-05-22 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: BC513624    Hearing Date: May 22, 2024    Dept: 52

Plaintiffs Jose Rios and Blanca Rios’s Motion for an Order to the Clerk to Either Amend by Interlineation or Replace with Correct Application for and Renewal of Judgment

Plaintiffs Jose Rios and Blanca Rios move to correct their application for renewal of judgment.   A court has “inherent power to correct clerical error in [a] judgment.”  (Ames v. Paley (2001) 89 Cal.App.4th 668, 672.)  A court also has the power “[t]o amend and control its process and orders so as to make them conform to law and justice.”  (Code Civ. Proc., § 128, subd. (a)(8).) 

Plaintiffs show good cause to correct their application for renewal of judgment.  The application for renewal of judgment they filed on April 11, 2024, indicates “Credits to principal” of $176,700.93.  (Rios Decl., Ex. A, § 5.d.)  Plaintiffs meant to include that amount as “Accrued interest remaining due” on section 5.f of the application.  (Rios Decl., ¶ 4, Ex. B.)  The court will therefore strike the application for renewal of judgment filed on April 11, 2024, and permit plaintiffs to submit a corrected application. 

Plaintiffs Jose Rios and Blanca Rios’s motion to amend application for renewal of judgment is granted. 

The court hereby strikes the application for renewal of judgment plaintiffs filed on April 11, 2024.  Plaintiffs are ordered to file the corrected application for renewal of judgment forthwith.  The corrected application shall be deemed filed on May 2, 2024, the date on which plaintiffs filed this motion.  The clerk shall indicate the filing date of May 2, 2024, on the corrected application.