Judge: Mark E. Windham, Case: 20STLC02540, Date: 2024-02-07 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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Case Number: 20STLC02540    Hearing Date: February 7, 2024    Dept: 26

  

MS Services, LLC v. Lopez, et al.

MOTION TO AMEND ASSIGNMENT ORDER

(CCP § 473(d))

TENTATIVE RULING:

 

Judgment Creditor MS Services, LLC’s Motion to Correct Assignment Order is GRANTED.

 

 

ANALYSIS:  

 

Judgment Creditor MS Services, LLC (“Judgment Creditor”) obtained default judgment against Judgment Debtors Manuel Lopez aka Manny Lopez and Richard Lopez aka Rick Lopez (“Judgment Debtors”) on March 8, 2022. Judgment Creditor filed a Motion for Assignment Order that the Court granted on July 27, 2023. (Minute Order, 07/23/23.) The order granting the assignment was signed by the Court on August 28, 2023. (Order, filed 08/28/23.)

 

On September 20, 2023, Judgment Creditor filed the instant Motion to Amend Assignment Order. To date, no opposition has been filed. 

 

Discussion

 

The Motion is brought pursuant to Code of Civil Procedure section 473, subdivision (d), which provides that the court may “correct clerical mistakes in its judgments or orders as entered, so as to conform to the judgment or order directed . . . .” (Code Civ. Proc., § 473, subd. (d).) The order signed by the Court on August 28, 2023 contains a clerical order with respect to the address of the property from which rental income is assigned to Judgment Creditor. Specifically, the property address should be corrected from “3676 Granola Street” to “367 Granola Street.” (Motion, Olsen Decl., Exhs. 2-3.)

 

The request to correct the clerical error is hereby granted pursuant to Code of Civil Procedure section 473, subdivision (d). Judgment Creditor has submitted a proposed amended order, which the Court signs on this date.

 

Conclusion

 

Judgment Creditor MS Services, LLC’s Motion to Correct Assignment Order is GRANTED.

 

 

Moving party to give notice.