Judge: Latrice A. G. Byrdsong, Case: LAM05CK0963, Date: 2024-06-03 Tentative Ruling

Case Number: LAM05CK0963    Hearing Date: June 3, 2024    Dept: 25

Hearing Date:                         Monday, June 3, 2024

Case Name:                             FORD MOTOR CREDIT COMPANY vs. PEDRO N. ESPITIA, et al. 

Case No.:                                LAM05CK0963

Motion:                                   Motion to Amend Plaintiff’s Second Renewal of Judgment Entered on 06/15/22 Nunc Pro Tunc

Moving Party:                         Plaintiff Ford Motor Credit Company

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:                    Plaintiff Ford Motor Credit Company’s Motion to Amend Plaintiff’s Second Renewal of Judgment Entered on 06/15/2022 Nunc Pro Tunc to Include Defendant/Judgment Debtor Christine A. Schubert aka Christine A. Avelar is GRANTED.

Counsel for Plaintiff/Judgment Creditor is ordered to submit a proposed “Notice of

Renewal of Judgment” within five (5) court days.

BACKGROUND

On August 8, 2005, Plaintiff Ford Motor Credit Company (“Plaintiff) filed the Complaint alleging breach of contract/warranty.

On February 14, 2006, a judgment was entered in favor of Plaintiff and against Defendants Pedro N. Espitia and Christine A Schubert aka Christine A. Avelar in the amount of $23,473.63.

On September 18, 2015, the Court entered Plaintiff's Renewal of Judgment against Defendants Pedro N. Espitia and Christine A Schubert aka Christine A. Avelar.

On June 15, 2022, the Court entered Plaintiffs second Renewal of Judgment against Defendant Pedro N. Espitia. Due to a clerical error Defendant Christine A. Schubert Aka Christine A. Avelar was inadvertently omitted from the renewal.

MOVING PARTY POSITION

Plaintiff Ford Motor Credit Company moves to amend the June 15, 2022, Renewal of Judgment nunc pro tunc to include Defendant Christine A. Schubert Aka Christine A. Avelar.  Due to a clerical error Defendant Christine A. Schubert Aka Christine A. Avelar was inadvertently omitted from the renewal.

OPPOSITION

None.

REPLY

None.

ANALYSIS

I.          Motion to Amend

A.        Legal Standard

Code of Civil Procedure, section 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.” “Section 187 contemplates amending a judgment by noticed motion. [Citations.] The court is not required to hold an evidentiary hearing on a motion to amend a judgment but may rule on the motion based solely on declarations and other written evidence. [Citation.]” (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280.)

B.        Discussion

Plaintiff Ford Motor Credit Company moves to amend the June 15, 2022 Renewal of Judgment nunc pro tunc to include Defendant Christine A. Schubert Aka Christine A. Avelar who was inadvertently omitted by clerical error.

Here, Plaintiff Ford Motor Credit Company moves to amend the June 15, 2022, Renewal of Judgment nunc pro tunc to include Defendant Christine A. Schubert Aka Christine A. Avelar.  Due to a clerical error Defendant Christine A. Schubert Aka Christine A. Avelar was inadvertently omitted from the renewal. (Reese Decl. ¶¶ 4-5.)

Defendants have not filed an opposition. “In the interests of justice, the ‘‘‘greatest liberality is to be encouraged’’’ in the allowance of amendments brought pursuant to Code of Civil Procedure section 187. [Citation.]” (Wells Fargo Bank, N.A. v. Weinberg (2014) 227 Cal.App.4th 1, 7.) 

Therefore, the Court finds that the amendment to the June 15, 2022, Renewal of Judgment to include Defendant Christine A. Schubert Aka Christine A. Avelar is proper.

III.       Conclusion

In all, Plaintiff’s unopposed Motion to Amend Plaintiff’s Second Renewal of Judgment Entered on 06/15/22 Nunc Pro Tunc to Include Christine A. Schubert aka Christine A. Avelar  is GRANTED.

Counsel is ordered to separately submit a proposed “Notice of Renewal of Judgment” within five (5) court days.

Counsel for the Moving Party is ordered to give notice.