Judge: Maurice A. Leiter, Case: 21STCP02232, Date: 2022-09-30 Tentative Ruling

Case Number: 21STCP02232    Hearing Date: September 30, 2022    Dept: 54

Hearing Date: September 30, 2022

Department 54, Judge Maurice A. Leiter

Motion to Amend/Correct Judgment

Moving Party: Plaintiff Day to Day Imports, Inc

Responding Party: None

T/R:     PLAINTIFF’S MOTION TO AMEND JUDGMENT IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers. No opposition has been received.

CCP § 473(d) provides that “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered.” “A court can always correct a clerical, as distinguished from a judicial error which appears on the face of a decree by a nunc pro tunc order.” (In re Eckstrom’s Estate (1960) 54 Cal.2d 540, 544.) “The function of a nunc pro tunc order is merely to correct the record of the judgment.” (Id. (internal quotations omitted).) 

Plaintiff moves to amend the July 12, 2021 judgment for $1,075,000.00 entered against Defendants. Plaintiff asserts that one of the Defendants’ names was misspelled. The judgment, as written now, is against “Eduardo Elfie.” Plaintiff represents that the true spelling is “Eduardo Alfie.” The Court finds the amendment appropriate.

Plaintiff’s motion is GRANTED.