Judge: Deirdre Hill, Case: 21TRCV00546, Date: 2022-09-30 Tentative Ruling
ALERT
Due to Coronavirus, please consider appearing by phone for Department M cases.
Department M strongly encourages the use of LA CourtConnect* for ALL hearings, without need for prior approval, unless live testimony by a witness is required.
The contact information for LA CourtConnect* is:
https://lacourt.portalscloud.com/VCourt/
*Parties with a fee waiver on file may be eligible to appear at no/reduced cost
Dept. M issues tentative rulings in many, but not all motion hearings. There is no set time at which tentatives are posted. Please do not call the staff to inquire if a tentative will be posted.
If parties are satisfied with the ruling, parties may submit on the tentative. However, if an opposing party does not submit, they will be permitted to argue. Please check with the other side before calling the courtroom to submit. The staff does not keep track of which parties submitted and which did not, so please do not ask.
If a matter is also a scheduling hearing (CMC, TSC, OSC etc) an appearance is still required even if a party submits on the tentative ruling.
Case Number: 21TRCV00546 Hearing Date: September 30, 2022 Dept: M
|
Superior Court
of California County of Los
Angeles Southwest
District Torrance Dept. M |
|||
|
ARDEN
SILVERMAN DBA CAPITAL ASSET PROTECTION, |
Plaintiff, |
Case No.: |
21TRCV00546 |
|
vs. |
|
[Tentative]
Ruling |
|
|
PRECISION
PIPELINE INCORPORATION, et al., |
Defendants. |
|
|
|
|
|
|
|
Hearing Date: September 30, 2022
Moving Parties: Plaintiff/Judgment Creditor
Arden Silverman dba Capital Asset Protection
Responding Party: None
Motion to Correct
Name of Judgment Debtor
The court considered the moving papers. No opposition has been filed.
RULING
The motion to correct name of
judgment debtor is GRANTED.
BACKGROUND
On July 26, 2021, plaintiff Arden
Silverman dba Capital Asset Protection filed a complaint against defendant
Precision Pipeline, Incorporation for common counts – open book account,
account stated, for work, labor, services and materials rendered, and for money
paid, laid out, and expended.
On October 6, 2021, default judgment
was entered in favor of plaintiff and against defendant in the amount of
$84,572.50.
LEGAL AUTHORITY
Under CCP § 128, the court has the power to amend and control
processes and orders to make its judgments speak the truth and to ensure that
its orders are carried out in the manner that conforms to justice and the
court’s intention. (Bloniarz v.
Roloson (1969) 70 Cal.2d 143, 148.)
DISCUSSION
Plaintiff/judgment creditor moves
for a court order correcting judgment debtor’s name to Precision Pipeline,
Incorporated.
Plaintiff/judgment creditor declares
that, due to a typographical error, the summons and all pleadings relative to
the complaint incorrectly spelled the name of defendant/judgment debtor as
“Precision Pipeline, Incorporation.”
Silverman Decl., ¶ 2. Plaintiff/judgment
debtor explains that, in preparing to enforce the judgment, plaintiff/judgment
creditor found the true name of defendant/judgment debtor is “Precision
Pipeline, Incorporated.” Id. Plaintiff/judgment debtor has submitted the
results from a California Secretary of State business search and the license
information from the Contractors State Licensing Board showing defendant/judgment
debtor’s name as “Precision Pipeline, Incorporated.” Id., ¶¶ 11-12, Exs. B, C. This is sufficient to show that the correct
name for defendant/judgment debtor is actually “Precision Pipeline,
Incorporated.” Despite being served with
this motion, defendant/judgment debtor has not filed an opposition contending
otherwise. The judgment should thus be
amended to correct defendant/judgment debtor’s name pursuant to CCP § 128.
Accordingly, the motion to correct
name of judgment debtor is granted.
Plaintiff/judgment creditor is
ordered to give notice of the ruling.