Judge: Mark E. Windham, Case: LAM00K21537, Date: 2022-10-06 Tentative Ruling

Case Number: LAM00K21537    Hearing Date: October 6, 2022    Dept: 26

MOTION TO AMEND PLEADING OR PROCEEDING

(CCP § 473(a))

TENTATIVE RULING:

Judgment Creditor Dianne Smith dba Blair Smith and Associates’ Motion to Amend Application for and Renewal of Judgment is GRANTED. PLAINTIFF IS TO FILE THE AMENDED APPLICATION FOR AND RENEWAL OF JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER.

SERVICE: 

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK

SUMMARY OF COMPLAINT: Action for breach of contract.

RELIEF REQUESTED: Amend the Application for and Renewal of Judgment to correct a clerical error in Judgment Creditor’s name.

OPPOSITION: None filed as of October 3, 2022.

REPLY: None filed as of October 3, 2022.

ANALYSIS:

Plaintiff Dianne Smith dba Blair Smith and Associates (“Judgment Creditor”) obtained judgment against Defendant Philip Munoz aka Phillip Munoz dba WF Produce (“Judgment Debtor”) on July 9, 2002. The judgment was renewed on April 1, 2022. Judgment Creditor filed the instant Motion to Amend Application for and Renewal of Judgment on May 18, 2022. To date, no opposition has been filed.

Discussion

Judgment Creditor moves pursuant to Code of Civil Procedure section 473, subdivision (a), which states in relevant part: that Court, “in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; . . . .” (Code Civ. Proc., § 473, subd. (a).) The clerical error in the Application for and Renewal of Judgment filed on April 1, 2022 inadvertently states that Judgment Creditor’s name is “National Commercial Recovery, Inc., a California corporation d/b/a Blair Smith and Associates.” (Motion, Besnyl Decl., ¶2 and Exh. A at ¶1.) The correct name of Judgment Creditor is Dianne Smith d/b/a Blair and Smith Associates. (Id. at ¶2.) Based on this clerical error, the Motion to Amend Application for and Renewal of Judgment is granted to correct the spelling of Judgment Creditor’s name.

Conclusion

Judgment Creditor Dianne Smith dba Blair Smith and Associates’ Motion to Amend Application for and Renewal of Judgment is GRANTED. PLAINTIFF IS TO FILE THE AMENDED APPLICATION FOR AND RENEWAL OF JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER.

Moving party to give notice.