Judge: Mark E. Windham, Case: 22STCP02781, Date: 2024-02-29 Tentative Ruling

Case Number: 22STCP02781    Hearing Date: February 29, 2024    Dept: 26

Nextgear Capital, Inc. v. Movsisyan, et al

MOTION TO AMEND JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Judgment Creditor Nextgear Capital, Inc.’s Motion to Amend Judgment is GRANTED. JUDGMENT CREDITOR IS TO SUBMIT A PROPOSED AMENDED JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER.

ANALYSIS:  

Judgment Creditor Nextgear Capital, Inc. (“Judgment Creditor”) filed the instant application for entry of sister state judgment on July 20, 2020. Judgment was entered on that date against Hamlet Rubenovich Movsisyan d/b/a Greenway Auto Mart and Ruben Movsisyan (“Judgment Debtors”) in the amount of $14,785.46. (Judgment, 07/27/22.)

 Judgment Creditor filed the instant Motion to Amend Judgment on February 7, 2024. 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 application for entry of sister state judgment reflects the correct judgment amount of $10,938.46 principal, $3,236.76 interest, and $370.00, for a total judgment of $14,545.22. (App., filed 07/20/23, ¶5.) The judgment entered by the clerk, however, states that the unpaid amount of the judgment is $14,785.46, plus costs and interest, for a total of $18,392.22. (Judgment, 07/27/23.)

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 judgment within ten (10) days of this order.

Conclusion

Judgment Creditor Nextgear Capital, Inc.’s Motion to Amend Judgment is GRANTED. JUDGMENT CREDITOR IS TO SUBMIT A PROPOSED AMENDED JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER.

Moving party to give notice.