Judge: Matthew C. Braner, Case: 37-2023-00027619-CU-PA-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2023-00027619-CU-PA-CTL MORROW VS WELLMAN [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs Siobahn Morrow and Estate of April London by and through decedent's personal representative Doreen Cohen's unopposed motion for court order to deem the operative complaint filed on June 12, 2023 is GRANTED.

The court has reviewed the briefing submitted by Plaintiffs and agrees it was error to reject the electronic filing of Plaintiffs' complaint on the following basis: 'The case capture/header must match the Summons [and body of complaint] exactly. Please include all the parties and descriptions in the header of the complaint and resubmit, thank you.' The court clerk has a ministerial duty to file and endorse a complaint on the day, month, and year it is filed, so long as it complies with state requirements. (Carlson v. State of Cal. Dept. of Fish and Game (1998) 68 Cal.App.4th 1268, 1270; Gov. Code, § 69846.5.) For insubstantial defects like this, 'the clerk should file the complaint and notify the attorney or party that the perceived defect should be corrected at the earliest opportunity.' (Rojas v. Cutsforth (1998) 67 Cal.App.4th 774, 777.) Here, instead of filing and endorsing the complaint on the date it was electronically submitted (June 12, 2023), the clerk rejected the filing, resulting in an endorsement date of June 30, 2023. This was error.

Accordingly, Plaintiffs' motion is granted.

The operative complaint, the Civil Case Coversheet, and the original Summons in the non-lead case (No. 37-2023-00027619) is deemed filed on June 12, 2023.

The court directs the court clerk to stamp the operative complaint, Civil Case Cover Sheet, and original Summons as filed on June 12, 2023.

The minute order is the order of the court.

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