Judge: Steven A. Ellis, Case: 22STCV34958, Date: 2024-08-20 Tentative Ruling

Case Number: 22STCV34958    Hearing Date: August 20, 2024    Dept: 29

Perez v. Kamara
22STCV34958
Plaintiffs’ motion to amend default judgment.

Tentative

The motion is granted.

Background

On November 2, 2022, Luz Quevedo Perez, Gabriela Hernandez Perez, and Gabriela Perez Soto (collectively “Plaintiffs”) filed a complaint against Briana Latrise Kamara (“Defendant”) and Does 1 through 15 for motor vehicle negligence and general negligence arising out of an automobile accident occurring on October 15, 2022.

Defendant did not appear.

On October 23, 2023, default was entered against Defendant.

On June 28, 2024, the Court granted the request for entry of default judgment.

On July 31, 2024, Plaintiffs filed this motion for amendment of judgment.

Legal Standard

“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.” (Code Civ. Proc., § 187.)

Discussion

Plaintiffs request the Court to amend the judgment for default entered on June 28, 2024.  Plaintiff seeks to correct a clerical error, as Plaintiffs omitted the name of Defendant in Section 5(a) of the judgment. (Motion, 1:20-24.) Plaintiffs cite Code of Civil Procedure section 187 as a means to amend the judgment.  (See also Code Civ. Proc., § 473, subd. (d).)

As this is a clerical amendment to correct an error in the judgment, the motion is granted.

Conclusion

The Court GRANTS the motion to amend the default judgment order.

The Court GRANTS the request for entry of the proposed revised judgment submitted on July 31.