Plaintiff and Judgment Creditor Strategic Funding Source, Inc.’s motion to amend the judgment is GRANTED.
Plaintiff and Judgment Creditor Strategic Funding Source, Inc. (“Plaintiff”) moves to amend the judgment pursuant to Code of Civil Procedure section 187.
Trial courts are permitted to modify or amend judgments as prescribed by statute. (Worth v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; McCellan v. Northridge Park Townhomes Owners Ass’n, Inc. (2001) 89 Cal.App.4th 746; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 709.)
Section 187 confers such authority on the courts. (Dow Jones Co., Inc. v. Avenal (1984) 151 Cal.App.3d 144, 148-149.) While courts have utilized section 187 to add a successor corporation as a judgment debtor, this is generally done when there is a showing that (1) the new party is the alter ego of the old party, and (2) that the new party has controlled the litigation, thereby having had the opportunity to litigate. (Toho
Hearing Date
February 20, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Status
Default Judgment By Clerk 11/07/2019
For full print and download access, please subscribe at https://www.trellis.law/.
Plaintiff and Judgment Creditor Strategic Funding Source, Inc.’s motion to amend the judgment is GRANTED.
Plaintiff and Judgment Creditor Strategic Funding Source, Inc. (“Plaintiff”) moves to amend the judgment pursuant to Code of Civil Procedure section 187.
Trial courts are permitted to modify or amend judgments as prescribed by statute. (Worth v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; McCellan v. Northridge Park Townhomes Owners Ass’n, Inc. (2001) 89 Cal.App.4th 746; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 709.)
Section 187 confers such authority on the courts. (Dow Jones Co., Inc. v. Avenal (1984) 151 Cal.App.3d 144, 148-149.) While courts have utilized section 187 to add a successor corporation as a judgment debtor, this is generally done when there is a showing that (1) the new party is the alter ego of the old party, and (2) that the new party has controlled the litigation, thereby having had the opportunity to litigate. (Toho