Judge: Jon R. Takasugi, Case: BC508895, Date: 2025-04-08 Tentative Ruling
Case Number: BC508895 Hearing Date: April 8, 2025 Dept: 17
Superior Court of California
County of Los Angeles
DEPARTMENT 17
TENTATIVE
RULING
|
EDWIN U PEREZ vs. LARRY’S CUSTOM FURNITURE AND
UPHOLSTERY INC, et al. |
Case No.:
BC508895 Hearing Dated: April 8, 2025 |
Plaintiff’s
motion to amend judgment to reflect Defendant Larry Nava’s correct legal name
is GRANTED.
On
12/5/2013, a judgment was entered in favor of Plaintiff Edwin U Perez
(Plaintiff) against Defendants Larry’s Custom Furniture and Upholstery, Inc.
and Larry Nava (collectively, Defendants).
Now,
Plaintiff moves to amend the judgment to reflect Defendant Larry Nava’s true
name.
The
motion is unopposed.
Discussion
The
2013 Judgment was entered against Larry Nava. However, at the previous judgment
debtor hearing, Plaintiff discovered that Defendant’s legal name is Lorenzo
Nava, as reflected in Defendant’s driver’s license and bank statement. The
“discrepancy between the name listed in the judgment and Defendant’s actual
legal name has created enforcement challenges, necessitating this amendment to
ensure the judgment is effective and enforceable.” (Motion, 3: 2-6.)
Under CCP
section 187, “[a] court may amend its judgment at any time so that the judgment
will properly designate the real defendants.” This principle has been affirmed
in Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conf. Center Bd.
(1996) 41 Cal. App. 4th 1551, 1555, Greenspan v. LADT LLC (2010) 191
Cal. App. 4th 486, 508, and Carolina Casualty Ins. Co. v. L.M. Ross Law
Group, LLP (2012) 212 Cal. App. 4th 1181, 1188.
The Court
finds the relief sought to be warranted, given that Defendant will not suffer
any prejudice as a result of the amendment. The modification does not create new
liability, change the scope of the judgment, or introduce any new claims.
Instead, it merely ensures that the judgment correctly reflects Defendant’s
actual legal name, thereby facilitating enforcement.
Based on the
foregoing, Plaintiff’s motion to amend judgment to reflect Defendant Larry Nava’s
correct legal name is granted.
It is so ordered.
Dated: April
, 2025
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.