Judge: Joel L. Lofton, Case: 22AHCV00015, Date: 2023-03-22 Tentative Ruling

Case Number: 22AHCV00015    Hearing Date: March 22, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     March 22, 2023                                   TRIAL DATE: No date set.

CASE:                         BANK OF AMERICA, N.A., v. PAMELA HENDERSON

CASE NO.:                 22AHCV00015

MOTION TO VACATE DEFAULT JUDGMENT AND ENTER AMENDED JUDGMENT

MOVING PARTY:               Plaintiff Bank of America

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed January 30, 2023

RELIEF REQUESTED

            Plaintiff moves to vacate the default judgment entered in its favor to enter an amended judgment.

BACKGROUND

             This case arises out of Plaintiff Bank of America’s (“Plaintiff”) claim that Defendant Pamela Henderson failed to make payments under a loan. Plaintiff alleges Defendant owes $47,125.75. Plaintiff filed this complaint on November 11, 2022, alleging one cause of action for breach of contract.

TENTATIVE RULING

            Plaintiff’s motion to amend the judgment is GRANTED.

            The judgment is ordered to reflect the damage total of $47,125.75.

DISCUSSION

             On May 25, 2022, a default was entered against Defendant. On August 8, 2022, judgment was entered. In its requests for entry of default, Plaintiff stated its damages totaled $41,126.75. Plaintiff provides that the correct number is $47,125.75, but the lower amount was input due to a clerical error on its part.

            “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. section 473, subd. (d).)

CONCLUSION

            Plaintiff’s motion to amend the judgment is GRANTED.

            The judgment is ordered to reflect the damage total of $47,125.75.

Dated:   March 22, 2023                                 ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org