Judge: Virginia Keeny, Case: 23STCV21062, Date: 2025-04-03 Tentative Ruling

Case Number: 23STCV21062    Hearing Date: April 3, 2025    Dept: 45

MISSION SILOE DEFENSORES DE LA FE CHRISTIANA V. FLIX CARRADA ET AL.

PLAINTIFF’S MOTION FOR LEAVE TO AMEND JUDGMENT TO INCLUDE “ALL OTHERS IN POSSESSION”

Date of Hearing:        April 3, 2025                                      Trial Date:       N/A

Department:              45                                                        Case No.:        23STCV21062

Moving Party:            Plaintiff Mission Siloe Defensores De La Fe Christiana  

Responding Party:     No opposition.

BACKGROUND

On August 30, 2023, Plaintiff Mission Siloe Defensores De La Fe Christiana (“Plaintiff”) filed a complaint for forcible detainer and damages against Defendants Felix Carrada (“Carrada”); Laura Martinez (“Martinez”); and All Others in Possession of 3824 Maple Avenue, Los Angeles, CA 90011.

[Tentative] Ruling

Plaintiff Mission Siloe Defensores De La Christiana’s Motion for Leave to Amend Judgment to Include “All Others in Possession” is GRANTED.

DISCUSSION

Plaintiff Mission Siloe Defensores De La Fe Chrstiana move the court for an order to amend the judgment to include all others in possession. Plaintiff makes the motion on the grounds that prior to entry of the default judgment against Felix Carrado, the presiding judge obliged Plaintiff’s counsel to dismiss “all others in possession”.

Plaintiff moves pursuant to Code of Civil Procedure section 473(d). Section 473(d) provides a court may correct clerical mistakes in its judgment so as to conform to the judgment. (CCP §473(d).) However, no clerical mistake occurred. Rather, the court finds Code of Civil Procedure section 473(b) appropriate. Section 473(b) provides the court “may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”

Here, the court finds excusable neglect in dismissing “all others in possession”. An honest mistake of law is a valid ground for relief when the legal problem posed “‘is complex and debatable.’ ” (McCormick v. Board of Supervisors (1988) 198 Cal.App.3d 352, 360.) Plaintiff followed legally           incorrect direction to dismiss “all others in possession”.

Based on the foregoing, Plaintiff Mission Siloe Defensores De La Christiana’s Motion for Leave to Amend Judgment to Include “All Others in Possession” is GRANTED.