Judge: Michael E. Whitaker, Case: 23SMCV00187, Date: 2025-01-09 Tentative Ruling

Case Number: 23SMCV00187    Hearing Date: January 9, 2025    Dept: 207

TENTATIVE RULING

MOTION

On January 18, 2023, Plaintiff (and now Judgment Creditor) International Gems & Minerals, Incorporated (“Plaintiff”) filed suit against Defendants Jeffrey Monroe (“Monroe”), Elizabeth Rollins (“Rollins”) and Cabin Creek Crystals, a business entity form unknown (“Cabin Creek”), alleging two causes of action for (1) breach of contract; and (2) common counts.

On May 11, 2023, the clerk granted Plaintiff’s request for voluntary dismissal of Defendant Monroe and the Doe defendants. 

On June 7, 2023, Plaintiff and the remaining Defendants filed a stipulation for entry of judgment, which the Court entered on June 20, 2023.  Defendant Rollins signed the stipulation in her individual capacity and also on behalf of Cabin Creek Crystals, LLC, a Nevada limited liability company doing business as Cabin Creek Crystals.

Plaintiff now moves to amend the judgment entered pursuant to the parties’ stipulation on June 20, 2023, to correct the legal name of the entity Defendant from “Cabin Creek Crystals, a business entity unknown” to “Cabin Creek Enterprises LLC.”

The Motion is unopposed.

ANALYSIS

            Code of Civil Procedure section 116.560, subdivision (b) provides that “The plaintiff may request the court at any time, whether before or after judgment, to amend the plaintiff’s claim or judgment to include both the correct legal name and the name or names actually used by defendant.  Upon showing good cause, the court shall amend the claim or judgment to state the correct legal name of the defendant, and the name or names actually used by the defendant.”

            Similarly, Section 116.630 provides that “The court may, at any time after judgment, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address, amend the name of any party to include both the correct legal name and the actually used name or names of that party.” 

            Plaintiff has provided Cabin Creek’s application to register a foreign limited liability company as “Cabin Creek Enterprises LLC” signed by Elizabeth Rollins and filed with the California Secretary of State; a copy of Cabin Creek’s website, indicating that “Cabin Creek” was established in 2018 as a brick and mortar operation in Reno, Nevada, but has since grown to serve the community of Santa Monica, California; and a 2022 filing for Cabin Creek Enterprises LLC filed with the California Secretary of State and signed by Elizabeth Rollins.

            However, Plaintiff has not provided a proof of service demonstrating that this motion was properly served on Rollins or Cabin Creek.

Furthermore, Plaintiff’s evidence only demonstrates that Elizabeth Rollins also created an LLC called “Cabin Creek Enterprises LLC.”  It does not demonstrate that Cabin Creek Enterprises LLC is the correct legal entity name for the company doing business as “Cabin Creek Crystals.” Notably, the stipulation was signed by Rollins on behalf of “Cabin Creek Crystals, LLC” not “Cabin Creek Enterprises LLC.” 

CONCLUSION AND ORDER

Therefore, Plaintiff’s motion is denied without prejudice. 

Plaintiff shall provide notice of the Court’s ruling and file the notice with a proof of service forthwith.

DATED:  January 9, 2025                                                      ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court