Judge: Virginia Keeny, Case: 20VECV00047, Date: 2023-01-30 Tentative Ruling

Case Number: 20VECV00047    Hearing Date: January 30, 2023    Dept: W

FORWARDLINE FINANCIAL, LLC, V. TISKET A TASKET CATERING AND FOOD SERVICES, INC., ET AL.

Plaintiffs’ Motion to Correct Plaintiff’s Name in the Judgment Pursuant to CCP §128(a)(8)

Date of Hearing:        January 30, 2023                               Trial Date:       N/A

Department:              W                                                        Case No.:        20VECV00047

Moving Party:            Plaintiff Forwardline Financial LLC

Responding Party:     No opposition.

BACKGROUND

This is a collections case. Plaintiff alleges it loaned $95,000 to Defendant Tisket a Tasket Catering and Food Services, Inc. dba Tisket a Tasket Catering & Food Services. Defendant Tawana Yvette Hatter executed a personal guaranty in favor of Plaintiff. Plaintiff further alleges that Defendants defaulted on the Loan and became indebted to Plaintiff in the sum of $105,644.64. Although demand has been made upon Defendants for payment, Defendants have refused to pay. 

On January 13, 2020, Plaintiff filed a Complaint against Defendants for 1) Open Book Account; 2) Account Stated; 3) Reasonable Value; 4) Money Lent; 5) Breach of Written Contract; and 6) Breach of Written Guarantee.

On August 6, 2020, this court granted Plaintiff’s unopposed motion for summary judgment.

[Tentative] Ruling

Plaintiffs’ Motion to Correct Plaintiff’s Name in the Judgment Pursuant to CCP §128(a)(8) is GRANTED.

DISCUSSION

Plaintiff moves this court for an order correcting the name of Plaintiff in the judgment entered on August 6, 2020. Plaintiff brings the instant motion pursuant to Code of Civil Procedure section 128(a)(8).

The court grants Plaintiff’s request to amend the judgment. Under Code of Civil Procedure section 128, the court has the power to amend and control processes and orders to make its judgments speak the truth and to ensure that its orders are carried out in the manner that conforms to justice and the court’s intention.  (Bloniarz v. Roloson (1969) 70 Cal.2d 143, 148.) Because the judgment was not drawn in conformity, the court uses its inherent powers to correct the judgment to correct the name of the plaintiff from Wells Fargo Bank, N.A. to Forwardline Financial, LLC.