Judge: Holly J. Fujie, Case: 22STCV15017, Date: 2023-11-30 Tentative Ruling

Case Number: 22STCV15017    Hearing Date: November 30, 2023    Dept: 56

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CITY SECURITY COMPANY,

                        Plaintiff,

            vs.

 

SHANGRI-LA CONSTRUCTION, LP, et al.,

 

                        Defendants.

      CASE NO.:  22STCV15017

 

[TENTATIVE] ORDER RE: MOTION TO AMEND JUDGMENT

 

Date:  November 30, 2023

Time: 8:30 a.m.

Dept. 56

Judge: Holly J. Fujie

 

 

MOVING PARTY: Plaintiff

 

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

 

BACKGROUND

On July 13, 2023, the Court granted Plaintiff’s application to enter default judgment (the “Application”) against Defendant Shangri-la Construction, LP (“Defendant”).  On November 16, 2023, Plaintiff filed a motion to amend the default judgment entered by the Court on the grounds that the proposed judgment submitted by Plaintiff did not include the damages that were requested in the Application, and the judgment therefore does not accurately reflect Plaintiff’s damages.

 

DISCUSSION

            Under CCP section 473, subdivision (d), the court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgments 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).)

 

The Court notes that the Application is valid in all respects except that it does not set forth a basis for Plaintiff’s recovery of attorney’s fees.  (See Civ. Code § 1717.5, subd. (a).)[1]  The Court therefore GRANTS the Motion to amend the judgment to be consistent with the damages listed in the CIV-100 form submitted with the Application, except for the requested attorney’s fees. 

 

 

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 30th day of November 2023

 

Hon. Holly J. Fujie 

Judge of the Superior Court 

 

[1] The written agreement that forms the basis for Plaintiff’s claims offered in support of the Application does not include an attorney’s fee provision.