Judge: John C. Gastelum, Case: 18-00984787, Date: 2023-09-14 Tentative Ruling

Motion -- Other

Tentative Ruling:  Plaintiff Teresita Rivero Lugo seeks an order pursuant to Code of Civil Procedure section 473(d) to amend judgment issued December 4, 2020, to correct clerical error.

The Motion is denied.

The court has power either on motion of a party or sua sponte to “correct clerical mistakes in its judgment … so as to conform to the judgment … directed.” (Code Civ. Proc., § 473(d); APRI Ins. Co. v. Sup.Ct. (Schatteman) (1999) 76 Cal.App.4th 176, 185.)  Where “clerical error” is shown, the judgment is corrected nunc pro tunc; i.e., the correction dates back to when the judgment was entered. (Ames v. Paley (2001) 89 Cal.App.4th 668, 673; Bell v. Farmers Ins. Exch. (2006) 135 Cal.App.4th 1138, 1144.) 

This refers to inadvertent errors in entering or recording the judgment rather than in rendering the judgment (judicial error).  (In re Candelario (1970) 3 Cal.3d 702, 705; see Bell v. Farmers Ins. Exch., supra, 135 Cal.App.4th at 1144.)

Here, it appears any “error” in not including Defendant Milestone Escrow was judicial, and not clerical.

The Court’s 3-12-2020 minute order states, “The court will enter a judgment in favor of Plaintiffs and against Perez in the sum of $75,000.00, along with interest and costs. Plaintiffs are directed to prepare a proposed judgment consistent with this decision and serve it on Perez and the court within 10 days of this ruling.”  The Court notes there is mention of Milestone in the minute order generally, as the Escrow Company for the subject transaction, etc.

Significantly, there was no mention of Milestone paying any damages in that minute order. Subsequently, Plaintiff prepared the proposed judgment, which, again, did not mention Milestone. Although there was an objection to the proposed Judgment by Defendants, they objected to Perez paying prejudgment interest and costs. Again, there was no discussion of Milestone. Judgment was then entered on 12-4-2020 and did not include Milestone.

On 12-11-2020 the Court then set an Order to Show Cause re: Dismissal re: Defendant Milestone Escrow, Inc for 2-1-2021.

Thus, it appears there was no intention by the Court to include Defendant Milestone Escrow, Inc. in the judgment. Any error appears to be in rendering the judgment, and not in recording it—thus judicial error and not clerical.

Defendant to give notice.