Judge: Deirdre Hill, Case: YC045070, Date: 2022-08-03 Tentative Ruling

Case Number: YC045070    Hearing Date: August 3, 2022    Dept: M

Hearing Date:                          August 3, 2022

Moving Parties:                      Plaintiff and judgment debtor Wells Fargo Bank, N.A.

Responding Party:                  None

Motion for Order Correcting Application and Renewal of Judgment by Nunc Pro Tunc

            The court considered the moving papers.

RULING

            The motion is GRANTED.  The Amended Application for and Renewal of Judgment is deemed filed as of May 25, 2022.

BACKGROUND

            On November 1, 2002, Wells Fargo Bank, N.A. filed a complaint against The Claw Corporation, Leonard Elwin Anderson, and Cary Wood Westcott.

            A default judgment was entered on April 1, 2003.

            The judgment was renewed on August 27, 2012.

            On April 20, 2022, plaintiff filed an application for and renewal of judgment.

LEGAL AUTHORITY

Under CCP §187, “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” 

Under CCP §473(d), “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order. . . .”

DISCUSSION

            Plaintiff and judgment creditor Wells Fargo Bank, N.A. requests an order to amend the Application for and Renewal of Judgment “nunc pro tunc.”

Plaintiff/judgment creditor filed an Application for and Renewal of Judgment on April 20, 2022.  On May 25, 2022, plaintiff filed the herein motion for an order allowing it to file an Amended Application for and Renewal of Judgment to include at para. 3.c. the information as to the recordation of the original judgment (dates, Orange, San Diego, Ventura, Los Angeles, and Riverside counties, and instrument nos.).  The application filed on April 20, 2022 inadvertently did not include this information.  See Jennifer Hobbs decl.

The motion is GRANTED to allow filing of the amended application.

Moving party is ordered to give notice of ruling.