Judge: Holly J. Fujie, Case: 22STCV06773, Date: 2025-03-11 Tentative Ruling

Case Number: 22STCV06773    Hearing Date: March 11, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff Timothy Moses (“Plaintiff’)

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition has been filed.

BACKGROUND

             This is a personal injury action. Plaintiff filed the complaint (“Complaint”) against defendants LA Olympic Hotel, The Tuggle Family Revocable Living Trust, James H. Tuggle, James H. Tuggle as trustee of The Tuggle Family Revocable Living Trust (collectively, “Defendants”) and Does 1 through 50, alleging causes of action for: (1) negligence; (2) premises liability; (3) violation of the Americans with Disabilities Act of 1990; (4) violation of the Unruh Civil Rights Act; and (5) violation of the California Disabled Persons Act (CDPA).

            On December 20, 2024, Plaintiff filed the instant motion to correct clerical error (the “Motion”). The Motion is unopposed.

DISCUSSION

            Code of Civil Procedure (“CCP”) section 473, subdivision (d) 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.” (CCP, § 473, subd. (d).) 

“A nunc pro tunc order is a retroactive entry by the court. It is effective at the date which the court states it is to be effective, not at the date it was made. It is an exercise of inherent power of the court for the purpose of doing justice between the parties.” (Wexler v. Goldstein (1956) 146 Cal.App.2d 410, 412.) It is “generally limited to correcting clerical errors[.]” (People v. Borja (2002) 95 Cal.App.4th 481, 485.) 

            On April 7, 2023, Plaintiff filed a Notice of Change of Address with the updated business address for Plaintiff’s counsel. (Mot., Ex. B). On June 26, 2023, Plaintiff filed a Notice of Change of Handling Attorney with the Court. (Mot., Ex. C). On April 24, 2024, the Court mailed a notice of Non-Appearance Case Review re: Dismissal of Unserved Defendants to the previous business address and handling attorney for Plaintiff. (Mot., Ex. C). On May 23, 2024, the scheduled Non-Appearance Case Review re: Dismissal of Unserved Defendants was held and defendant James H. Tuggle as trustee of The Tuggle Family Revocable Living Trust was dismissed, without prejudice. (Mot., Exs. D-E). Plaintiff asserts that James H. Tuggle, as Trustee of the Tuggle Family Revocable Living Trust, was served with a copy of the summons and Complaint on February 10, 2024 and proof of service was filed with the Court on February 13, 2024. (Mot., Ex. F.)

            If the Court were to uphold the dismissal, Plaintiff would be prejudiced over an erroneous error that was outside of his control. Thus, the Motion is GRANTED.

            Plaintiff’s Motion is GRANTED. The Court orders that the dismissal of James H. Tuggle, as Trustee of the Tuggle Family Revocable Living Trust, be vacated.

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 11th day of March 2025