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.