What is a Motion to Amend Judgment?

Useful Rulings on Motion to Amend Judgment

Recent Rulings on Motion to Amend Judgment

ALFREDO GARCIA VS PERLIN PROPERTIES

.: BC444705 [TENTATIVE] ORDER RE: MOTION TO AMEND JUDGMENT TO CORRECT JUDGMENT DEBTOR’S NAME Date: September 22, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff and Judgment Creditor Alfredo Garcia (“Plaintiff”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to be filed and served at least nine court days prior to the hearing. (Code Civ. Proc. § 1005(b).)

  • Hearing

    Sep 22, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

JACOBS VS. PRYTHERCH

Jacobs unopposed Motion for an order correcting the Judgment signed and entered by the Court on 9-27-2019 pursuant to Code of Civil Procedure section 473(d) is GRANTED. Judgment to be corrected to omit judgment against previously dismissed party, Cannery Village Partners, LLC. MP to give notice.

  • Hearing

    Sep 22, 2020

SCOTT DAIN VS MARTIN RAMIREZ, ET AL.

“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).

  • Hearing

    Sep 18, 2020

KIM D MIDDLETON ET AL VS HOLLYWOOD HEALTH CENTER INC ET AL

The court, in turn, CORRECTS its August 4, 2017 minute order to reflect that Judge Feffer denied Plaintiff’s request to substitute proposed defendant SCPMG for Doe Defendant 1, pursuant to its authority to correct clerical mistakes in orders under Code of Civil Procedure section 473(d). B.

  • Hearing

    Sep 18, 2020

ON DECK CAPITAL, INC. VS ANGEL V. HANSEN

Amendment after judgment may be allowed under Code of Civil Procedure section 187. Here, the judgment originally submitted reflected only one of the two contracts involved. Plaintiff’s motion to modify the judgment to reflect the true amount of the judgment as $53,544.14 is granted. The judgment will be entered nunc pro tunc as of May 28, 2020. Plaintiff shall submit an order and a proposed judgment. Ross 9/18/2020 ……………………..

  • Hearing

    Sep 18, 2020

CLARK REMINGTON VS CYPRESS LLP

Proc. §473(d). A motion for relief from a default judgment which is alleged to be void for lack of valid service of process may be brought within two years after entry of default judgment. Cal. Code of Civ. Proc. §473.5(a). When a judgment is not void on its face but is “extrinsically void for want of jurisdiction,” it may be set aside by an independent suit in equity. Lowenthal v. Lowenthal (1955) 130 Cal.App.2d 527, 529; Plaza Hollister Ltd. P’ship. v. County of San Benito (1999) 72 Cal. App.4th 1, 19.

  • Hearing

    Sep 18, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

COLLIERS INTERNATIONAL GREATER LOS ANGELES, INC. VS VICTORIA L. WALLS

Under section 473(d), subdivision (d), the court may set aside a default judgment which is valid on its face, but void as a matter of law, due to improper service”] [citations and internal quotation marks omitted]; Ellard v. Conway (2001) 94 Cal.App.4th 540, 544; CCP § 473(d).) Accordingly, the default entered against defendant Victoria L. Walls on January 3, 2020 and the default judgment entered against defendant Victoria L. Walls on June 18, 2020 are SET ASIDE.

  • Hearing

    Sep 18, 2020

(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

    Sep 16, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

VIVERA PHARMACEUTICALS, INC., A DELAWARE CORPORATION VS BLAINE HOLDING & DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

.: 19NWCV00244 HEARING: 9/15/20 JUDGE: OLIVIA ROSALES #12 TENTATIVE ORDER Plaintiff Vivera Pharmaceuticals, Inc.’s motion to amend judgment to add judgment debtors is DENIED. Opposing Parties to give NOTICE. Plaintiff Vivera Pharmaceuticals, Inc. (“Vivera”) moves to amend this court’s judgment to add additional judgment debtors pursuant to CCP § 187.

  • Hearing

    Sep 15, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

LAW OFFICE OF ALLAN R. FRUMKIN

HEARING ON MOTION TO AMEND JUDGMENT FILED BY LAW OFFICES OF ALLAN FRUMKIN, INC. * TENTATIVE RULING: * Plaintiff has filed, and served by mail, a motion to amend the judgment issued on March 7, 2016 to add an alias of the Defendant. The Defendant did not file an opposition. The court grants the motion except to the extent that the proposed “Amended Judgment” appears to state an amount owed on the amended Judgment for pre-judgment interest that was not stated in the original judgment entered in 2016.

  • Hearing

    Sep 14, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

AMAG INC, VS MARC ANTHONY CUBAS, ET AL.

Motion to Amend Judgment AMAG moves to amend the judgment in the underlying case in order to add Marc and Mint as judgment debtors. AMAG contends that Marc and Mint are Vlaze’s alter egos.[1] A. Legal Standard CCP section 187 “grants every court the power and authority to carry its jurisdiction into effect. [Citation.] This includes the authority to amend a judgment to add an alter ego of an original judgment debtor, and thereby make the additional judgment debtor liable on the judgment. [Citation.]

  • Hearing

    Sep 11, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOSEPH GRESSIS VS CORPORATE MANAGEMENT SERVICES, INC.

Motion to Amend Judgment AMAG moves to amend the judgment in the underlying case in order to add Marc and Mint as judgment debtors. AMAG contends that Marc and Mint are Vlaze’s alter egos.[1] A. Legal Standard CCP section 187 “grants every court the power and authority to carry its jurisdiction into effect. [Citation.] This includes the authority to amend a judgment to add an alter ego of an original judgment debtor, and thereby make the additional judgment debtor liable on the judgment. [Citation.]

  • Hearing

    Sep 11, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

PERLA GLOBAL CAPITAL ADVISORS LLC VS KASSIE SMITH LIFESTYLE

Under section 187, judgments are typically amended to add additional judgment debtors on the grounds that a person or entity is the alter ego of the original judgment debtor. This is an equitable procedure based on the theory that the court is not amending the judgment to add a new defendant but is merely inserting the correct name of the real defendant.

  • Hearing

    Sep 11, 2020

PK4 MEDIA, INC. VS. FRESH DIGITAL GROUP

YC071802 PK4 Media, Inc.’s Motion to Amend Judgment TENTATIVE RULING PK4 Media, Inc.’s Motion to Amend Judgment is denied without prejudice. 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

    Sep 11, 2020

LEGACY STONE WORKS, INC. V. JDG DYNAMIC PLUMBING, INC.

Stamper Medical Corp. (1996) 44 Cal.App.4th 182, 185 [noting the only other potential source of jurisdiction there was alleged alter ego’s attorney’s appearance at motion to amend judgment].) Here, judgment debtor JDG was given notice of this motion by mail, but Garza was not served with process.

  • Hearing

    Sep 10, 2020

JACK MURRAY ET AL VS FRANK LYONS ET AL

Under section 187, the trial court is authorized with the authority to amend a judgment to add additional judgment debtors. (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.) “As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.’.... Judgments may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor....

  • Hearing

    Sep 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANSONY MEDRANO VS CLAUDIO E SAUCEDO ET AL

CCP section 473(b) provides in relevant part as follows: “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…” CCP section 473(d) provides in relevant part as follows: “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

  • Hearing

    Sep 04, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

ROBINSON VS. ONYX PROTECTIVE

Under Code of Civil Procedure section 187, the court has authority to amend a judgment to add additional judgment debtors. (Wolf Metals Inc. v. Rand Pac. Sales Inc. (2016) 4 Cal.App.5th 698, 702.) Courts are to apply “the greatest liberality” in allowing such amendments to assure that justice is done. (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.)

  • Hearing

    Sep 03, 2020

INFINITY INSURANCE COMPANY VS MARK P. LOPEZ, ET AL.

Vacate Default and Default Judgment Code of Civil Procedure section 473(d) The request to vacate the default and default judgment is first brought pursuant to Code of Civil Procedure section 473, subdivision (d), under which “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) In County of San Diego v.

  • Hearing

    Sep 03, 2020

  • County

    Los Angeles County, CA

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PEDRO NUNEZ, ET AL.

Code of Civil Procedure section 473(d) The request to vacate the default and default judgment is also brought pursuant to Code of Civil Procedure section 473, subdivision (d), under which “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) In County of San Diego v.

  • Hearing

    Sep 03, 2020

  • County

    Los Angeles County, CA

AMAG INC, VS MARC ANTHONY CUBAS, ET AL.

C (proof of service stating that Killian personally served Defendants at the Bellevue Property with a motion to amend judgment).) In response to these troubling accusations, Killian submits a declaration. As to the East West subpoena, Killian declares: “On or about May 7, 2020, Plaintiff caused the Subpoena attached to Defendants’ Motion to Quash as Exhibit ‘B.’ to be served on all Defendants. A Notice to Consumer was also mailed to the entities and individuals named in the subpoena.”

  • Hearing

    Sep 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MICHAEL PARRISH V. MICHAEL J. AVENATTI

The Court grants plaintiff William Parrish’s Motion to Amend Judgment to Add Doppio, Inc., as Judgment Debtor.

  • Hearing

    Sep 01, 2020

ROBERT LEE JOHNSON VS K-KARS INC ET AL

MOTION TO AMEND JUDGMENT IS GRANTED. Background On March 24, 2016, Plaintiff Robert Lee Johnson brought the instant action against Defendants K-Kars, Inc., California Republic Bank, Suretec Insurance Company, and Does 1 through 75.

  • Hearing

    Sep 01, 2020

ROBERT LEE JOHNSON VS K-KARS INC ET AL

Plaintiff’s motion to amend judgment is GRANTED. Conclusion Plaintiff’s motion to amend judgment to add Casa MBZ, Inc. as judgment debtor is GRANTED. Moving party is to give notice. The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters.

  • Hearing

    Sep 01, 2020

(NO CASE NAME AVAILABLE)

MOTION TO AMEND JUDGMENT (CCP § 473(d)) TENTATIVE RULING: Plaintiff / Judgment Creditor Interinsurance Exchange of the Automobile Club’s Motion to Amend Judgment Nunc Pro Tunc is GRANTED. THE DEFAULT JUDGMENT IS AMENDED TO ADD JAMILEX BARRANCAS AS A JUDGMENT DEBTOR.

  • Hearing

    Aug 31, 2020

1 2 3 4 5 6 7 8 9 10 ... 47     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we gather your results.