Judge: Salvatore Sirna, Case: 21PSCV00337, Date: 2024-01-25 Tentative Ruling
The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.
Case Number: 21PSCV00337 Hearing Date: January 25, 2024 Dept: G
Plaintiff Xue Ji’s Motion to Amend Judgment to Correct
Clerical Error
Respondent: NO OPPOSITION
TENTATIVE RULING
Plaintiff Xue Ji’s Motion to Amend Judgment to Correct Clerical Error is GRANTED.
BACKGROUND
On April 29, 2021, Plaintiff Xue Ji filed a complaint against Defendants Zhili Song and Does 1-50, alleging the following causes of action: (1) fraud, (2) breach of contract, and (3) unjust enrichment.
On November 18, 2022, the court entered judgment in favor of Ji against Song.
On November 22, 2023, Ji filed the present motion and amended the motion on November 27. A hearing on Ji’s motion is set for January 25, 2024.
ANALYSIS
Ji moves to amend the judgment entered on November 18, 2022 by correcting a misspelling of a Ji’s name. For the following reasons, the court GRANTS Ji’s motion.
Pursuant to Code of Civil Procedure section 473, subdivision (d), “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” In this case, Ji points to item 5(a) of the judgment which lists the plaintiff as “Xue Jji.” Because this appears to be a misspelling of Ji’s name, the court finds this to be a clerical mistake subject to correction.
Accordingly, Ji’s motion is GRANTED.
CONCLUSION
Based on the foregoing, Ji’s motion is GRANTED. Plaintiff to submit a new judgment with the correct spelling of Plaintiff’s name.