Judge: William A. Crowfoot, Case: 22AHCV00815, Date: 2023-02-08 Tentative Ruling

Case Number: 22AHCV00815    Hearing Date: February 8, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

I.            INTRODUCTION

On October 13, 2022, plaintiff Selina Lopez (“Plaintiff”) filed this action against defendant Shu Chin Yang (“Defendant”) arising from a motor vehicle accident that occurred on October 8, 2020.

On December 28, 2022, Plaintiff filed the instant motion for nunc pro tunc order, seeking to amend the filing date of Plaintiff’s Summons and Complaint from October 13, 2022 to October 10, 2022.

II.          LEGAL STANDARD

“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, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”  (Code of Civ. Proc., § 473, subd. (d).)

“Clerical errors in judgments, orders, or other parts of the record may be corrected by the court at any time on the court's own motion or on motion of any party and may be entered nunc pro tunc.” (Cal. Rules of Court, rule 5.560(e).)

III.        DISCUSSION

Here, Plaintiff contends that she, through counsel, initially filed her Summons and Complaint within the statute of limitations on October 10, 2022. (Holleman Decl. ¶¶ 2-3, Exh. A.) However, on October 12, 2022, Plaintiff received a rejection letter from the Clerk of the Court, which indicated that the filing was defective. (Holleman Decl. ¶ 4, Exh. B.) On October 13, 2022, Plaintiff resubmitted the Summons and Complaint in the same manner as before but now included the most recent version of the Civil Case Cover Sheet (LASC CIV 109 Rev. 10/22.) (Holleman Decl. ¶ 5.) This filing was accepted. (Id., Exh. C) Plaintiff contends that both filings were identical except for the Civil Case Cover Sheet, and as a result, the initial filing should not have been rejected. (Motion at pg. 3; Bauman Decl. ¶ 4.)

IV.         CONCLUSION

The Court hereby notifies Counsel for the Plaintiff to file Judicial Council forms EFS-007 (Request for Exemption from Mandatory Electronic Filing and Service) and EFS-008 (Order of Exemption from Electronic Filing and Service) along with a Declaration directly to Department 1 at the Stanley Mosk Courthouse for a ruling. The forms cannot be electronically filed. Once a ruling has been rendered, Counsel for the Plaintiff is to notify this Department of the outcome.

Accordingly, the Court sets a Status Conference Re: Application for Nunc to Department 1, and an Order to Show Cause Re: Failure to File Proof of Service, on April 14, 2023, at 8:30 a.m.

Dated this 8th day of February 2023