Judge: Gregory Keosian, Case: 23STCV11399, Date: 2023-11-06 Tentative Ruling

Case Number: 23STCV11399    Hearing Date: November 6, 2023    Dept: 61

Plaintiff Noodle Time, Inc.’s Motion to Amend Judgment is GRANTED.

Plaintiff to provide notice.

I.                   MOTION TO AMEND JUDGMENT

“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.” (Code Civ. Proc. § 473, subd. (d).)

Plaintiff Noodle Time, Inc. (Plaintiff) moves to correct a clerical error in the default judgment entered in its favor on August 24, 2023. Namely, although the judgment mentions an Exhibit C as listing the Benihana marks that Defendant Best Hibachi (Defendant) is prohibited from infringing, no such exhibit is attached to the judgment. Such an exhibit was also attached as Exhibit C to Plaintiff’s complaint. Plaintiff seeks to change the name of the exhibit mentioned in the judgment to “Exhibit A” and to attach the relevant exhibit. (Motion at p. 2.)

The judgment at present contains no other exhibit attachments, and although it references the exhibit Plaintiff desires to attach, no such exhibit is included. Plaintiff has demonstrated the existence of a clerical error, and they are therefore entitled to an amendment of judgment.

The motion is therefore GRANTED.