Judge: Upinder S. Kalra, Case: 23STCP04480, Date: 2024-07-11 Tentative Ruling

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Case Number: 23STCP04480    Hearing Date: July 11, 2024    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   July 11, 2024                                     

CASE NAME:           Ace Funding Source LLC v. Azizi Imports Inc. d/b/a Azizi Imports, et al.

CASE NO.:                23STCP04480

MOTION TO AMEND SISTER STATE JUDGMENT DUE TO CLERICAL ERROR UNDER CODE OF CIVIL PROCEDURE § 473(d)

MOVING PARTY:  Plaintiff Ace Funding Source LLC

RESPONDING PARTY(S): None as of July 8, 2024

REQUESTED RELIEF:

1.      An Order amending the sister state judgment entered against Azizi Imports Inc. d/b/a Azizi Imports; Flyby Auto Transport LLC d/b/a Flyby Auto Transport; Oversight, LLC d/b/a Oversight; Flyby Auto Transport LLC; and Jonathan Azizi.

TENTATIVE RULING:

1.      Motion to Amend Sister-State Judgment due to Clerical Error is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On December 5, 2023, Plaintiff Ace Funding Source LLC (Plaintiff) filed an Application for Entry of Judgment on Sister-State Judgment (Application) against Defendants Azizi Imports Inc. d/b/a Azizi Imports; Flyby Auto Transport LLC d/b/a Flyby Auto Transport; Overight, LLC d/b/a Oversight; and Jonathan Azizi (Defendants).

On December 12, 2023, the Clerk entered judgment.

On April 22, 2024, Plaintiff filed notice of motion to amend the Sister-State Judgment.

On May 13, 2024, the court continued the hearing on Plaintiff’s motion to amend.

On June 7, 2024, Plaintiff filed a memorandum of points and authorities and a declaration in support of its motion to amend the Sister-State Judgment.

LEGAL STANDARD:

Courts have inherent powers to correct judgments by a nunc pro tunc order where there has been a clerical error by clerk or by the judge himself, or where some provision of, or omission from, order or judgment was due to inadvertence, or mistake of court. (Lane v. Superior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; Code Civ. Proc., § 473, subd. (d).) This includes clerical errors when made by an attorney who drafts the judgment. (See In re Marriage of Kaufman (1980) 101 Cal.App.3d 147, 151.) However, while a trial court may correct clerical errors and misprisions in a judgment, it cannot amend a judgment once entered, if the error to be corrected is a judicial one, for instance if it embodies an intentional action of the court even though legally erroneous. (Kamper v. Mark Hopkins, Inc. (1947) 78 Cal App 2d 885.)  

ANALYSIS:

Plaintiff contends that Defendants Flyby Auto Transport LLC d/b/a Flyby Auto Transport, Oversight, LLC d/b/a Oversight, and Flyby Auto Transport LLC were not added to the court’s docket due to a clerical error. Plaintiff further contends that these Defendants were listed in the Sister-State Judgment packet documents. Plaintiff seeks to have these Defendants added to the docket.

Here, the court agrees there is a clerical error. The Judgment and Notice of Entry of Judgment entered on December 12, 2023 identify all Defendants. However, the court’s docket only includes Defendants Azizi Imports Inc. d/b/a Azizi Imports and Jonathan Azizi. While Plaintiff does not seek revision of the documents themselves, Plaintiff’s request is still proper because it is clearly a clerical error that the docket does not accurately reflect the entered Judgment. (Code Civ. Proc. § 183(3).)

Accordingly, the court GRANTS Plaintiff’s motion to amend.

CONCLUSION:

            For the foregoing reasons, the Court decides the pending motion as follows:

1.      Motion to Amend Sister-State Judgment due to Clerical Error is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             July 11, 2024                          __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court