What is a Motion to Amend Judgment?

Useful Rulings on Motion to Amend Judgment

Recent Rulings on Motion to Amend Judgment

DISCOVER BANK VS VIOLET MINAEIAN

Motion to Amend Judgment On September 9, 2020, Plaintiff filed a motion to amend the judgment. The Court is not in receipt of an opposition brief. LEGAL STANDARD CCP §473(d) provides: “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.”

  • Hearing

    Dec 04, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

GUY HART VS SUMANT PATEL

[Tentative] Ruling Plaintiff Guy Hart’s Motion to Amend Judgment is GRANTED, in part. DISCUSSION Plaintiff Guy Hart has filed a motion to amend judgment on the grounds that due to a clerical error, the wrong amount of the judgment was entered.

  • Hearing

    Dec 02, 2020

BALBOA CAPITAL CORP VS. PREMIER MEDICAL CENTRE

Proc., §473(d).) Plaintiff to give notice.

  • Hearing

    Dec 01, 2020

BALBOA CAPITAL CORP VS. PREMIER MEDICAL CENTRE

Proc., §473(d).) Plaintiff to give notice.

  • Hearing

    Dec 01, 2020

BANK OF AMERICA NA VS LUPE G BARBOZA ET AL

Plaintiff’s Motion to Amend Judgment is GRANTED. The Court will sign the proposed Amended Judgment.

  • Hearing

    Nov 30, 2020

  • Type

    Real Property

  • Sub Type

    other

MARGARET KEYES VS LISA ZEDER, ET AL.

Should problems later arise in satisfying a judgment against the corporation, the plaintiff may resort to appropriate postjudgment proceedings (§§ 708.110–708.205), including section 187's procedure for adding judgment debtors. (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 517.)

  • Hearing

    Nov 25, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

WELLS FARGO BANK, N.A. V. HUDLER, ET AL.

Motion: Plaintiff’s motion to amend judgment Tentative Ruling: To grant Plaintiff's motion to amend the judgment that was entered July 10, 2020. The Court intends to sign the proposed amended judgment. Explanation: The Court has both inherent and statutory power to correct clerical errors in a judgment so as to conform it to the judgment directed by the Court. (Code Civ. Proc., §473(d); In re Goldberg's Estate (1938) 10 Cal.2d 709, 714.)

  • Hearing

    Nov 20, 2020

  • Type

    Real Property

  • Sub Type

    other

PK4 MEDIA, INC. VS. FRESH DIGITAL GROUP

PK4 Media, Inc.’s Motion to Amend Judgment TENTATIVE RULING PK4 Media, Inc.’s Motion to Amend Judgment is is granted. A court has inherent power to use “all the means necessary” to carry its jurisdiction into effect. CCP § 187. This inherent authority includes amending a judgment against a corporation to add a nonparty alter ego as a judgment debtor. Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conference Ctr. Board (1996) 41 Cal.App.4th 1551, 1554-55.

  • Hearing

    Nov 20, 2020

AMERICAN RECOVERY SERVICE INCORPORATED VS SAMUEL GARCIA

Proc. § 473(d).) The prejudgment interest of $10,720.76 and costs of $571.00 remain unchanged. The court will sign the proposed order after confirmation of this tentative ruling.

  • Hearing

    Nov 19, 2020

  • Type

    Collections

  • Sub Type

    Collections

DISCOVER BANK VS LUEVANOS

Proc. § 473(d). Further, the dismissal was entered without prejudice. The record reflects the parties agreed as of January 9, 2018 (before the case was dismissed) that the Court is to retain jurisdiction over this action under CCP section 664.6. ROA # 39. Defendant does not dispute that this settlement agreement was reached and executed. Plaintiff has also shown defendant stopped making payments required by the stipulation. Shahine Decl. ¶¶ 4-8.

  • Hearing

    Nov 19, 2020

  • Type

    Collections

  • Sub Type

    Collections

TRINHNOLOGY ENTERPRISE CORP VS TRANSFORM KM LLC, ET AL.

Proc. §§ 187, 128(a); see also Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) CCP § 418.10 further states that a defendant may serve and file a notice of motion to stay or dismiss the action on the ground of inconvenient forum. This present case was filed on July 20, 2020. Before that, Defendants Transform KM LLC, Transform SR LLC, and Transform Holdco LLC (collectively “Defendants”) contend that they and Plaintiff Trinhnology Enterprise, Corp.

  • Hearing

    Nov 18, 2020

  • Type

    Contract

  • Sub Type

    Breach

REYMOND K OHANIAN VS GREGORY W WALKER

Ohanian’s Motion to Amend Judgment or for New Trial is DENIED. Plaintiff Reymond K. Ohanian’s Motion for Protective Order or OSC re: Contempt is DENIED. Plaintiff Reymond K. Ohanian’s Motion to Vacate Judgment is DENIED. Defendant to give notice.

  • Hearing

    Nov 17, 2020

WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION VS THE RELIANT PROPERTY GROUP, INC., A CALIFORNIA CORPORATION

On September 14, 2020, Plaintiff filed the instant motion to amend judgment, pursuant to Code of Civil Procedure section 473, subdivision (d), or in the alternative, pursuant to Code of Civil Procedure section 473, subdivision (b). ANALYSIS: I. Motion to Amend Judgment A.

  • Hearing

    Nov 17, 2020

THE BLUFFS COMMUNITY ASSOCIATION VS. NGUYEN

Proc § 473(d) authorizes a court to set aside any void judgment. (Code Civ. Proc § 473(d) (“The court may, … on motion of either party after notice to the other party, set aside any void judgment or order.”).) “’The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint.’ (§ 580, subd. (a).) The only exceptions to section 580 are personal injury or wrongful death cases and cases requesting punitive damages. (§§ 580, subd. (a), 425.11, 425.115). . . .

  • Hearing

    Nov 16, 2020

SHARON A. SPERLING VS PAUL SPERLING, JR.

Finally, Code of Civil Procedure section 473(d) provides that “[t]he court may . . . on motion of either party after notice to the other party, set aside any void judgment or order.” (Code of Civ. Proc. § 473(d).) Default judgment is void against a defendant who was not served with a summons in the manner prescribed by statute. (See Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858.)

  • Hearing

    Nov 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

Upstream argues that Code of Civil Procedure section 187 confers jurisdiction on this Court to issue an order directing credit reporting agencies to issue Judgment Debtor’s credit report to aid in its judgment collection efforts. (Mot., p. 5:7-23; Supp. Brief, p. 6:2-12.)

  • Hearing

    Nov 09, 2020

CLEAN ENERGY OF AMERICA GROUP INC VS SOUTHLAND ELECTRICAL CO

(BC568285) Counsel for Plaintiff/judgment creditor: Larry Rothman MOTION TO AMEND JUDGMENT (filed 10/13/2020) Judgment Creditor’s request for judicial notice is granted. The motion is denied without prejudice to judgment creditor’s refiling motion after judgment creditor has availed itself of post-judgment remedies/additional post-judgment discovery and obtains actual, additional, admissible evidence.

  • Hearing

    Nov 05, 2020

SAEID KOHANDARVISH M.D. VS JAMSHID ASAF ET AL

Motion to Amend Judgment Pursuant to Code of Civil Procedure section 187, a trial court has jurisdiction to modify a judgment to add additional judgment debtors because it grants to every court the power to use all means to carry its jurisdiction into effect, even if those processes are not set out in the code.

  • Hearing

    Nov 05, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FRENCH FABRIC INC., A CALIFORNIA CORPORATION VS S & J APPAREL, INC, CALIFORNIA CORPORATION

Plaintiff French Fabric Inc.’s Motion to Amend Judgment to Add Stephen Jairyun Jung aka Steven Young as an Additional Judgment Debtor is DENIED for lack of service.

  • Hearing

    Nov 04, 2020

IHEARTMEDIA ENTERTAINMENT INC VS ROYCE MULTIMEDIA INC ET AL

TRIAL DATE: Post Judgment – Stipulated Judgment entered November 15, 2019 PROOF OF SERVICE: OK MOTION: Plaintiff’s Motion to Amend Judgment to Reflect Correct Middle Initial and Add Middle Name of Judgment Debtor MOVING PARTY: Plaintiff, IHeartMedia + Entertainment, Inc. OPPOSING PARTY: Defendant, Edward N. Royce OPPOSITION: None as of November 2, 2020 REPLY: No opposition filed. TENTATIVE: IHeart’s motion is granted.

  • Hearing

    Nov 04, 2020

  • Type

    Collections

  • Sub Type

    Collections

WELLS FARGO BANK, N.A. V. JOHN D. MENDEZ

Motion to Amend Judgment TENTATIVE RULING Plaintiff WELLS FARGO BANK N.A. moves to amend the judgment it obtained against Defendant JOHN D. MENDEZ on March 6, 2020. Plaintiff moves to reduce the judgment from $10,791.42 to $4,791.42. The court has the power to amend the judgment as requested. (Code Civ. Proc., § 473; Estate of Sloan (1963) 222 Cal.App.2d 283; Leftridge v. Sacramento (1941) 48 Cal.App.2d 589.)

  • Hearing

    Nov 03, 2020

CITY OF LOS ANGELES VS JEFF C. NELSON

Nelson, et al MOTION TO AMEND JUDGMENT (CCP § 473(d)) TENTATIVE RULING: Motion of Plaintiff / Judgment Creditor City of Los Angeles, acting by and through the Department of Water and Power, to Amend Judgment Nunc Pro Tunc is GRANTED. THE DEFAULT JUDGMENT IS AMENDED TO CORRECT JUDGMENT DEBTOR’S NAME TO “Jeff C. Nelson, aka Jeffery Carter Nelson, an individual.”

  • Hearing

    Nov 03, 2020

  • County

    Los Angeles County, CA

ELAKABAWI VS. CHOHAN

Code of Civil Procedure Section 473(d) provides that: “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.” There is no time limit on motions to set aside void orders and judgments. (See Code Civ. Proc., § 473(d).)

  • Hearing

    Oct 30, 2020

WELLS FARGO BANK, N.A. VS NICOLE TEAGUE

“Where a party moves under section 473(d) to set aside ‘a judgment that, though valid on its face, is void for lack of proper service, the courts have adopted by analogy the statutory period for relief from a default judgment’ provided by section 473.5, that is, the two-year outer limit.” Trackman v. Kenney (2010) 187 Cal. App. 4th 175, 180 (citations omitted). “Thus, defendant cannot assert under section 473(d) that the judgment, although facially valid, is void for lack of service.” Id. at 181.

  • Hearing

    Oct 30, 2020

  • Type

    Collections

  • Sub Type

    Collections

MCDONALD V. PONO CORPORATION

In conclusion, the court GRANTS Plaintiff’s (Dana McDonald) unopposed Motion for Attorney’s Fees and Costs in the Amount of $6,352.85 and Motion to Amend Judgment, filed on 5-26-20 under ROA No. 52, in the amounts set forth above. The court GRANTS Plaintiff’s request to amend the judgement and directs the court clerk to interlineate the judgment with the above amounts. Plaintiff is to give notice.

  • Hearing

    Oct 27, 2020

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