Judge: Jon R. Takasugi, Case: 23STCV11943, Date: 2024-06-06 Tentative Ruling
Case Number: 23STCV11943 Hearing Date: June 6, 2024 Dept: 17
Superior Court of California
County of Los Angeles
DEPARTMENT 17
TENTATIVE
RULING
|
GB2, LLC dba NORCAL CANN vs. CARE CALIFORNIA CONSULTATION INC. dba
BUDDAH COMPANY, et al. |
Case No.:
23STCV11943 Hearing Date: June 6, 2024 |
Plaintiff’s
motion to amend the judgment is GRANTED.
On 5/26/2023,
Plaintiff GB2, LLC dba NORCAL CANN filed suit against Care California
Consultation Inc. dba Buddah Company and Does, alleging: (1) open book account;
and (2) account stated.
On
8/28/2023, the Court entered a default judgment in the favor of Plaintiff.
On
4/25/2024, Plaintiff moved for an order amending the judgment.
Discussion
The
Court may, on motion of the injured party, correct, amend or modify any
clerical mistakes upon learning the true identities of the parties in its
judgment as entered to conform to the judgment or order directed. (CCP § 473.)
Here,
Plaintiff improperly named Defendant as Care California Consultation Inc. dba Buddah
Company, when Defendant’s true name is Care California Consultation Inc.
dba Buddha Company.
Given
that Defendant’s address for service is not impacted by the typographical
error, the Court can see no reason why this error would have impeded proper
service of Defendant. Accordingly, the requested relief can be granted with no
prejudice to Defendant.
Based on the
foregoing, Plaintiff’s motion to amend is granted.
It is so ordered.
Dated: June
, 2024
Hon. Jon R.
Takasugi
Judge of the
Superior Court
Parties who intend to submit on this tentative must
send an email to the court at smcdept17@lacourt.org
by 4 p.m. the day prior as directed by the instructions provided on the court
website at www.lacourt.org. If a party submits
on the tentative, the party’s email must include the case number and must
identify the party submitting on the tentative.
If all parties to a motion submit, the court will adopt this
tentative as the final order. If the department
does not receive an email indicating the parties are submitting on the
tentative and there are no appearances at the hearing, the motion may be placed
off calendar. For more information, please contact the court clerk at (213)
633-0517.