Judge: Stephen P. Pfahler, Case: 23STCV31833, Date: 2025-04-07 Tentative Ruling

Case Number: 23STCV31833    Hearing Date: April 7, 2025    Dept: 68

Dept. 68

Date: 4-7-25c/f  4-2-25

Case: 23STCV31833

Trial Date: N/A

 

CORRECT JUDGMENT

 

MOVING PARTY: Plaintiff/Judgment Creditor, Sunbelt Rentals, Inc.

RESPONDING PARTY: Unopposed/Defendant/Judgment Debtor, Golden State Equipment Rentals, Inc.

 

RELIEF REQUESTED

Motion to Correct Judgment

 

SUMMARY OF ACTION

On December 29, 2023, Plaintiff Sunbelt Rentals, Inc. filed a verified complaint for Foreclosure of Mechanics’ Lien, and Breach of Contract. On May 10, 2024, the clerk entered a default against Golden State Equipment Rentals, Inc. On May 7, 2024, Plaintiff dismissed co-defendant, 1920 Whitley LLC. On July 2, 2024, the court entered a default judgment against “Golden State Rentals, Inc.”

 

RULING: Granted.

Plaintiff/Judgment Creditor Sunbelt Rentals, Inc. moves to correct the judgment to reflect the correct name of defendant/judgment debtor from “Golden State Rentals, Inc.” to Golden State Equipment Rentals, Inc. The motion comes as the result of clerical/typographical error on the default judgment listing the incomplete name of defendant/judgment debtor.

 

“The 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 ....” (Code Civ. Proc., § 473, subd. (d).)

 

The court accepts the admission of clerical error, and the necessity of the default judgment conforming to the identified defendant/judgment debtor named in summons, complaint and default entered by the clerk. The motion is therefore GRANTED.

 

The Court will accept an amended default judgment reflecting the name Golden State Equipment Rentals, Inc. Plaintiff/Judgment Creditor to submit said proposed amended judgment to the court within 10 days of this order.

 

Plaintiff/judgment creditor to give notice.