Judge: Daniel M. Crowley, Case: 22STCV35860, Date: 2024-12-26 Tentative Ruling

Case Number: 22STCV35860    Hearing Date: December 26, 2024    Dept: 71

Superior Court of California

County of Los Angeles

 

DEPARTMENT 71

 

TENTATIVE RULING

 

STATES RESOURCES CORP., 

 

         vs.

 

DECOR INTERIOR DESIGN, INC., et al.

 Case No.:  22STCV35860

 

 

 

 Hearing Date:  December 26, 2024

 

Judgment Creditor State Resources Corp.’s unopposed motion to amend the judgment to add additional “aka” names of Judgment Debtor Ronda C. Jackson is granted.  Judgement Creditor is to submit a proposed amended judgment within ten days.

 

          Judgment Creditor State Resources Corp. (“State Resources”) (“Judgment Creditor”) moves unopposed for this Court to amend the judgment in this matter entered on February 27, 2023, against Judgment Debtor Ronda C. Jackson (“Jackson”) (“Judgment Debtor”) to add additional add additional “aka” names of Judgment Debtor: RHONDA C. JACKSON, aka RONDA C. JACKSON aka RONDA CONTRENIA JACKSON aka RHONDA C. DURANT, aka RONDA C. BRASS, an individual.  (Notice Motion, pgs. 1-2; C.C.P. §473(a)(1).)  Judgment Creditor moves on the grounds that this Court has inherent authority to correct the name of party by correcting a mistake in the name of a party, or a mistake in any other respect or an amendment to any pleading or proceeding.  (Notice Motion, pg. 2.)

 

Background

On February 27, 2023, this Court granted Judgment Creditor’s default judgment packet and, entered default judgment (“Judgment”) against Judgment Creditors Décor Interior Design, Inc. and Rhonda C. Jackson in the total amount of $95,155.21.  (2/27/23 Default Judgment.)

Judgment Creditor filed the instant motion on September 30, 2024.  As of the date of this hearing no opposition has been filed.

 

Motion to Amend Judgment

Legal Standard

“Section 187 grants every court the power and authority to carry its jurisdiction into effect. [Citation.] This includes the authority to amend a judgment to add an alter ego of an original judgment debtor, and thereby make the additional judgment debtor liable on the judgment. [Citation.]” (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280, internal citations omitted.)

“Amending a judgment to add an alter ego of an original judgment debtor ‘is an equitable procedure based on the theory that the court is not amending the judgment to add a new defendant but is merely inserting the correct name of the real defendant.’ [Citation.]”  (Id., internal citations omitted.)

“Section 187 contemplates amending a judgment by noticed motion. [Citations.]  The court is not required to hold an evidentiary hearing on a motion to amend a judgment, but may rule on the motion based solely on declarations and other written evidence. [Citation.]”  (Id., internal citations omitted.)

          “A court may amend its judgment at any time so that the judgment will properly designate the real defendants. . . . Amendment of a judgment to add an alter ego is equitable procedure based on the theory that at the court is not amending the judgment to add new defendant but is merely inserting the correct name of the real defendants.”  (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508; Hall, Goodhue, Haisley Barker, Inc. v. Marconi Conference Center Board (1996) 41 Cal.App.4th 1551, 1554-1555.)

 

          Discussion

           Judgment Debtor’s motion to amend the judgment to add additional “aka” names of Judgment Debtor, RHONDA C. JACKSON, aka RONDA C. JACKSON aka RONDA CONTRENIA JACKSON aka RHONDA C. DURANT, aka RONDA C. BRASS, is granted.  Here, Petitioner demonstrates, by a preponderance of the evidence, that the “aka” names are aliases of Judgment Debtor, by investigating her name by the following means: a search of the statewide tax assessors’ rolls for all counties; accessing on-line investigative databases which contain name and address variations, property deeds, property assessments, People-At-Work, bankruptcy filings, liens and judgment records; searching post office records, including forwarding orders; and searching all telephone directories and contact with all known and available creditors of Judgment Debtor.  (Decl. of Higgins ¶¶2-3.)

Accordingly, Judgment Creditor’s motion is granted.

 

Conclusion

Judgment Creditor’s unopposed motion to amend the judgment to include add additional “aka” names of Judgment Debtor, RHONDA C. JACKSON, aka RONDA C. JACKSON aka RONDA CONTRENIA JACKSON aka RHONDA C. DURANT, aka RONDA C. BRASS, is granted.  Judgment Creditor is to submit a proposed amended judgment within ten days.

Moving Party to give notice.

 

Dated:  December _____, 2024

                                                                                                                  

Hon. Daniel M. Crowley

Judge of the Superior Court