Case Number: BC555326 ROYAL PORTER MCHENRY VS TOWING SOLUTION & TRANSPORT CO ET AL

10/17/2019

Tentative Ruling

Notice of motion was properly given on 9/12/2019 as documented by proof of service of that date. There is no timely opposition to the motion.Motion to Amend Judgment is granted. Judgment debtor shall be amended to “Mario Sanano a/k/a Mario Samano.” Plaintiff to file a modified proposed judgment and serve copy on Defendant.

Discussion

Under CCP §187 a trial court may amend a judgment to add additional judgment debtors. (NEC Electronics Inc. v. Hurt (1989) 208 Cal.App.3d 772, 778, 256 Cal. Rptr. 441.) "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. [Citations.]" (Ibid.)

To prevail on a motion to amend a judgment to change a judgment debtor's name, the moving........