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