Judge: Mark E. Windham, Case: 21STLC05008, Date: 2023-10-10 Tentative Ruling

Case Number: 21STLC05008    Hearing Date: October 10, 2023    Dept: 26

Yeboah v. Crenshaw Collision Center, Inc., et al.

MOTION TO CORRECT CLERICAL ERROR

(CCP § 473(d))

TENTATIVE RULING:

Plaintiff Helena Yeboah’s Motion to Correct Clerical Error is GRANTED. THE FIRST AMENDED COMPLAINT RECEIVED ON OCTOBER 20, 2022 IS DEEMED FILED AS OF THAT DATE.

ANALYSIS:

Plaintiff Helena Yeboah (“Plaintiff”) filed the instant action against Defendant Crenshaw Collision Center, Inc. (“Defendant”) on July 8, 2021. Defendant’s default was entered on September 27, 2021. Plaintiff’s request for default judgment was rejected on April 25, 2022 due to the Complaint failing to include the monetary damages sought. (Notice of Rejection, 04/25/22.) On October 20, 2022, Plaintiff attempted to file a First Amended Complaint, which was received by the Court but never filed. Plaintiff’s continued attempts to request default judgment were also rejected.

On July 14, 2023, Plaintiff filed the instant Motion to Correct Clerical Error pursuant to Code of Civil Procedure section 473, subdivision (d). Courts have inherent powers to correct orders by a nunc pro tunc order where there has been clerical error by clerk or by the judge himself, or where some provision of, or omission from, order or judgment was due to inadvertence, or mistake of court. (Lane v. Superior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; Code Civ. Proc., § 473, subd. (d).) Here, the clerk’s office could not explain why the First Amended Complaint was never filed, despite being received. (Motion, ¶3.) Accordingly, the Court deems the First Amended Complaint received on October  20, 2022 to be filed as of that date and orders the clerk’s office to post-date the pleading.

Conclusion

PLAINTIFF HELENA YEBOAH’S MOTION TO CORRECT CLERICAL ERROR IS GRANTED. THE FIRST AMENDED COMPLAINT RECEIVED ON OCTOBER 20, 2022 IS DEEMED FILED AS OF THAT DATE.

Moving party to give notice.