Judge: Mark E. Windham, Case: 24STCP00712, Date: 2024-11-06 Tentative Ruling

Case Number: 24STCP00712    Hearing Date: November 6, 2024    Dept: 26

 Medline Industries, LP v. Gente Health Partners, LLC, et al.

MOTION TO AMEND JUDGMENT

(CCP § 187)

TENTATIVE RULING:

Judgment Creditor Medline Industries, LP’s Motion to Amend Judgment is GRANTED.

ANALYSIS:

On February 16, 2024, Plaintiff Medline Industries, LP (“Judgment Creditor”) filed the instant application for entry of sister-state judgment against Defendant Gente Health Partners, LLC (“Judgment Debtor”). Judgment was entered against Judgment Debtor on the same date.

On October 2, 2024, Judgment Creditor filed the instant motion to amend the judgment. No opposition has been filed to date.

Discussion

Judgment Creditor moves pursuant to Code of Civil Procedure section 187 to change Judgment Debtor’s name from “Gente Health Partners, LLC” to “Gente Health Partners, LLC, a California corporation.” When judgment was obtained initially against Judgment Debtor in Chicago, Illinois, Judgment Debtor’s corporate form was not included in its name. (Motion, Booska Decl., ¶2.) As a result, the Application for Entry of Sister State Judgment filed in this action, and resulting judgment entered on March 8, 2024 also did not include Judgment Debtor’s corporate form.

“Under section 187, the trial court is authorized to amend a judgment to add additional judgment debtors.... As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.’.... Judgments may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor.... ‘Amendment of a judgment to add an alter ego “is an equitable procedure based on the theory that the court is not amending the judgment to add a new defendant but is merely inserting the correct name of the real defendant...

(Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508 [citing Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conf. Center Bd. (1996) 41 Cal.App.4th 1551, 1554-1555].) This reasoning also applies to successor corporations. (McClellan v. Northridge Park  Townhome Owners Association., Inc. (2001) 89 Cal.App.4th 746, 753-754.)

Judgment Creditor moves to amend the judgment on the grounds that if the corporate form of the Judgment Debtor is not included, sheriffs in California cannot conduct any post-judgment remedies. (Motion, Booska Decl., ¶2.) Therefore, if the judgment is not amended, Judgment Creditor will be unable to collect on the judgment against Judgment Debtor.

Conclusion

Based on the foreoing, Judgment Creditor Medline Industries, LP’s Motion to Amend Judgment is GRANTED.

Moving party to give notice.