Judge: Lee W. Tsao, Case: 23NWCV03801, Date: 2024-09-17 Tentative Ruling

Case Number: 23NWCV03801    Hearing Date: September 17, 2024    Dept: C

Canyon Palm Terrance, LLC v. Maxx Grill, Inc. 23NWCV03801

Plaintiff's Ex Parte Application for an Order Amending the Address of the Premises in the Complaint and the Judgment Entered by this Court is DENIED. Under CCP 473(d), "[t]he 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 to conform to the judgment or order directed...." Here, the mistake is not clerical. As noted by Counsel for the Moving Party, the Notice, Complaint, Default Judgment for Possession, and both Writs of Possession state that the street number address is 14307 Bellflower Blvd., Bellflower CA 90706. (Robison Decl., par. 3.)  More importantly, the Proof of Service of Summons FILED on December 12, 2023 states that service was effectuated by substituted service on December 6, 2023 at 14307 Bellflower Blvd., Bellflower CA 90706. 

The parties are not foreclosed from moving to set aside the default judgment. If such a motion were filed and granted, Plaintiff would then be able to file and serve an amended pleading containing the correct address of the Subject Premises. 

Moving Party to give notice.