Judge: Michael J. Strickroth, Case: 2020-01137775, Date: 2023-05-22 Tentative Ruling

Motion to Amend Proposed Judgment

Plaintiff, Craig Vail’s unopposed Motion to Amend Judgment is GRANTED.

Plaintiff moves for an order to amend the 1-11-22 Default Judgment to include Defendant Thu Huon Thi Nguyen, or, alternatively, for an order vacating the 1-11-22 judgment and permitting Plaintiff to submit a new proposed judgment which includes this defendant. Plaintiff argues that but for Defendant Thu Huon Thi Nguyen’s Motion to Vacate Default, which was without merit, Defendant Thu Huon Thi Nguyen would have been included in the 1-11-22 Default Judgment.

Code of Civil Procedure section 187 states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.”

Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508 states: “…As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.’…[citation]… “The decision to grant an amendment in such circumstances lies in the sound discretion of the trial court. ‘The greatest liberality is to be encouraged in the allowance of such amendments in order to see that justice is done.’ [citation]”

On 5-28-21, default was entered against Defendants, including Defendant Thu Huon Thi Nguyen.

On 12-3-22, Defendant Thu Huon Thi Nguyen filed her Motion to Vacate Default. The Motion was denied on 5-2-23.

The Court finds that an order amending the 1-11-22 judgment is warranted. Defendant Thu Huon Thi Nguyen was defaulted on 5-28-21 along with defendants Danny Nguyen and Craig Howard. Defendant Vincent Nguyen was defaulted on 6-3-21. The 1-11-22 default judgment includes all defendants except Thu Huon Thi Nguyen, whose Motion to Vacate was then pending. The court is persuaded that had Defendant Thu Huon Thi Nguyen’s Motion not been pending, she would have been included in the default judgment.

Therefore, Plaintiff’s Motion is GRANTED. Plaintiff to submit an Amended Default Judgment to include Defendant Thu Huon Thi Nguyen as judgment debtor.

Plaintiff to give notice.