Judge: Melvin D. Sandvig, Case: 21CHCV00407, Date: 2022-09-22 Tentative Ruling

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Case Number: 21CHCV00407    Hearing Date: September 22, 2022    Dept: F47

Dept. F47

Date: 9/22/22

Case #21CHCV00407

MOTION TO AMEND JUDGMENT

Motion filed on 5/16/22.

MOVING PARTY: Plaintiff American National Property and Casualty Company

RESPONDING PARTY: Defendant Juan Manuel Lugo

RELIEF REQUESTED: An order for entry of an Amended Judgment in this action against Defendant Juan Manuel Lugo.

RULING: The motion is granted.

This action arises out of a motor vehicle collision that occurred on or about March 23, 2019.  On or about May 27, 2021, Plaintiff American National Property and Casualty Company (Plaintiff)

filed a Complaint for damages, alleging causes of action for Negligence; and Negligence Per Se Indemnity against Defendants.  On or about May 28, 2021, Plaintiff personally served Defendant Juan Manuel Lugo (Defendant).  Defendant failed to answer or otherwise appear and on September 10, 2021, the Court entered Default.

On November 29, 2021, the Court entered Default Judgment against  Defendant, in the total amount of $49,139.11.  (See Williams Decl. ¶5, Ex.1).  On or about March 9, 2022, Plaintiff sought to file an Abstract of Judgment and also submit for the Judge’s execution a California Department of Motor Vehicle Certificate of Facts RE Unsatisfied Judgment form with the Court. (See Decl. ¶6, Ex.2).  The Clerk rejected the filing of these documents based on a typographical error the Clerk found in the Judgment entered on the November 29, 2021.  The errors are located on page 2, section 5 or Parties section of the Judgment, and are as follows: Plaintiff is erroneously named, “American National Property and Casualty Compa” instead of “American National Property and Casualty Company”.  (See Williams Decl. ¶7, Ex.3). 

On March 21, 2022, Plaintiff attempted to file an Amended Judgment, Court Transaction #22LA00352101, to correct the error in the Judgment. (See Williams Decl. ¶8, Ex.4).  Although  the document was “Accepted,” Plaintiff never received a returned conformed copy of the Amended Judgment executed by the Judge.  (See Williams Decl. ¶9).  Therefore, Plaintiff called to follow up on the status of this and was informed by the Clerk over the phone the Amended Judgment was rejected and Plaintiff was informed a Motion is needed to allow the filing of an Amended Judgment.  Id.  Plaintiff never, otherwise, received notice of the rejection.  Therefore, on 5/16/22, the instant motion seeking an order for entry of an Amended Judgment in this action against Defendant Juan Manuel Lugo.  (Id. at ¶10).

In addition to correcting the typographical error mentioned above, the proposed Amended Judgment also adds “, an individual” following Defendant’s name to match the Complaint caption and Summons.  (Id. at ¶11).     The proposed Amended Judgment, identified as Exhibit 5 to the Declaration of Jason P. Williams, will be promptly filed upon the Court granting this Motion. (See Dec. of JPW, ¿ 11 Ex. 5.)       

The motion to correct the clerical errors in the judgment entered on November 29, 2021 is granted pursuant to CCP 473(a)(1) and/or CCP 473(d).