Judge: Lisa R. Jaskol, Case: 21STCV23755, Date: 2024-03-27 Tentative Ruling

Case Number: 21STCV23755    Hearing Date: March 27, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On June 25, 2021, Plaintiff Kathryn Jones-Siebert (“Plaintiff”) filed this action against Defendants Savona Villas, REMCO, and Does 1-10 for general negligence and premises liability. 

On August 19, 2021, Defendants Savona Villa (incorrectly sued and served as Savona Villas) and REMCO (“Defendants”) filed an answer. 

On September 30, 2021, the Court dismissed Defendant Savona Villas without prejudice at Plaintiff’s request. 

On January 24, 2023, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel. 

On November 22, 2023, Defendants filed a motion to correct a clerical error and to modify the Court’s October 26, 2023 minute order.  The motion was set for hearing on January 22, 2024.  Plaintiff did not file an opposition.  The Court continued the hearing to March 27, 2024. 

Trial is currently scheduled for May 23, 2024. 

DEFENDANTS' REQUEST 

Defendants ask the Court to modify the October 26, 2023 minute order by removing the statement that “Discovery, law and motion, and all pre-trial deadlines are extended based on the new trial date.” 

LEGAL STANDARD 

Code of Civil Procedure section 473, subdivision (d), provides: 

“The 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 conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”  

(Code Civ. Proc., § 473, subd. (d).) 

DISCUSSION 

On October 26, 2023, the Court granted the parties’ request to refer the case to the Resolve Law settlement conference program and continued the trial to May 23, 2024.  The Court’s October 26 minute order stated these rulings and then added: “Discovery, law and motion, and all pre-trial deadlines are extended based on the new trial date.” 

Defendants argue that the minute order’s language continuing discovery, law and motion, and pre-trial deadlines is a clerical error because “there was no written or oral motion by any party to reopen discovery and related deadlines, nor was there any oral discussion or request [on October 26, 2023] . . . to reopen discovery and related deadlines.”  (Saldana Dec. ¶ 8.) 

Plaintiff does not dispute Defendants’ assertion that the statement in the October 26, 2023 about extending discovery is a clerical error.  Accordingly, the Court grants Defendants’ motion and strikes the statement “Discovery, law and motion, and all pre-trial deadlines are extended based on the new trial date” from the Court’s October 26, 2023 minute order.  

CONCLUSION 

The Court GRANTS the motion of Defendants Savona Villa and REMCO to correct a clerical error and to modify the Court’s October 26, 2023 minute order.  The Court strikes the statement “Discovery, law and motion, and all pre-trial deadlines are extended based on the new trial date” from the October 26, 2023, minute order. 

Moving parties are ordered to give notice of this ruling. 

Moving parties are ordered to file the proof of service of this ruling with the Court within five days.