Judge: Colin Leis, Case: 24STCV13996, Date: 2025-05-06 Tentative Ruling

Case Number: 24STCV13996    Hearing Date: May 6, 2025    Dept: 74

Wells Fargo Bank, N.A. v. Nerve LLC et al.

Plaintiff Wells Fargo Bank, N.A.’s Motion to Amend Judgment Nunc Pro Tunc

 

BACKGROUND 

This motion arises from a breach of contract action.

Plaintiff Wells Fargo Bank, N.A. (Plaintiff) filed a complaint against defendants Nerve LLC, Simon Morrison and Sang Fan.

On January 21, 2025, the Court entered judgment for Plaintiff.

On April 25, 2025, following a motion to amend Judgment, the Court signed an amended judgment correcting the Judgment debtor’s name.

Plaintiff now moves to amend judgment to correct a clerical mistake in the name of the Judgment debtor.

 

LEGAL STANDARD

            The Court may correct clerical mistakes in its judgment or orders as entered.  (Code Civ. Proc. § 473.)

 

DISCUSSION

             Plaintiff seeks to amend the judgment previously amended on April 25, 2025, to amend the alias name from “San Huey Fan” to “Sang Huey Fan”.  The nature of the mistake is clerical, rather than judicial.  (In re Remick’s Estate (1946) 75 Cal.App.2d 24, 28.)  Therefore, the Court grants Plaintiff’s motion to amend.

 

CONCLUSION

            The Court grants Plaintiff’s Motion to Amend Judgment Nunc Pro Tunc.

            Plaintiff to give notice.





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