Judge: Douglas W. Stern, Case: 23STCP01654, Date: 2023-09-20 Tentative Ruling

Case Number: 23STCP01654    Hearing Date: September 20, 2023    Dept: 68

Motion to Amend Judgment to Correct a Clerical Error

Labor Commissioner, State of California vs. Elissa Brassfield, et al., 23STCP01654

Background

            Plaintiff Labor Commissioner, State of California (Plaintiff) filed this motion to amend judgment to correct a clerical error pursuant to CCP § 473(d). Because of the Labor Commissioner’s clerical error, an incorrect total judgment amount was included on the Request that Clerk Enter Judgment and Judgment filed with the Court on March 4, 2023.

            The amount on those documents that was entered was $596.102.13. This was based on the citation that was originally issued to Defendants. However, Defendants appealed the citation, and the Findings and Order issued by the administrative hearing officer after the appeal modified the amount. The correct amount, based on the Findings and Order, should be $189,594.19. (Motion at p. 2.)

            Due to an error of the Officer Technician handling the case, the wrong amount was put on the Request for Judgment documents. Plaintiff became aware of the error when it was reported by Defendants’ counsel. (Motion at p. 3.)

            Plaintiff now seeks to correct the judgment to reflect the correct amount.

Analysis

            The court is authorized to amend judgments to correct clerical mistakes pursuant to CCP § 473(d). It states:

“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.”

            In this case, Plaintiff has provided evidence that due to a clerical error, the wrong judgment amount was entered against Defendants. The judgment currently states that the amount is $596.102.13, but it should be $189,594.19.

            The Court grants Plaintiff’s motion to amend the judgment to correct this error.

Order

            Plaintiff’s motion to amend the judgment to correct a clerical error is GRANTED. The correct judgment amount is $189,594.19.