Case Number: 09E04347    Hearing Date: April 24, 2014    Dept: 77

Interested Party Labor Commissioner’s Motion to Amend Judgment is GRANTED. CCP § 473.

The judgment creditor/assignee’s evidentiary objections to the declaration of Monie Netikosol are overruled. The court notes as well that a declaration has also been provided by James Gainey, Deputy Labor Commissioner.

A court has the power, after final judgment, and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel of the court itself, so that the records will conform to and speak the truth. This inherent power is confirmed by statute: “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.” CCP § 473. A court may at any time amend its judgment to properly designate the real defendants (parties). See Mirabito v. San Francisco Dairy Co., (1935) 8 Cal.App.2d 54, 57; Thomson v. Roney & Co. (1952) 112 C.A.2d 420, 425.

For good cause shown the judgment is amended to reflect judgment is entered as to H.U.N.T. Recruiting Services, Inc. only. It is clear from the administrative proceedings that Henry Becker was entered on the judgment in error. Relief to amend the judgment to remove Becker therefore is proper per CCP § 473.

Judgment Creditor/Assignee W. Thomas Farley’s Motion to Amend Judgment to Add Alter Ego Judgment Debtor is DENIED.

Pursuant to CCP § 187, a trial court has jurisdiction to modify a judgment to add additional judgment debtors. Section 187 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.

Utilizing 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. ‘Such a procedure is an appropriate and complete method by which to bind new individual defendants where it can be demonstrated that in their capacity as alter ego of the corporation they in fact had control of the previous litigation, and thus were virtually represented in the lawsuit.’” (See NEC Electronics Inc. v. Hurt, (1989) 208 Cal.App.3d 772, 778; see, e.g., Dow Jones Co. v. Avenel (1984) 151 Cal. App. 3d 144, 148-49.)

Here, the moving party has not sufficiently demonstrated that the judgment should be amended. There is insufficient evidence to find that Henry Becker is the alter ego of HUNT Recruiting Services, Inc. The denial of this motion is without prejudice, due to the possibility that discovery during enforcement of the judgment could provide additional information relevant to movant’s claim.

Defendant/Judgment Debtor Henry Becker’s Motion to Set Aside Void Judgment is TAKEN OFF CALENDAR. CCP § 128. This motion is moot in light of the court’s rulings on both the Labor Commissioner’s Motion to Amend Judgment and Judgment Creditor/Assignee’s Motion to Amend Judgment. Specifically, Henry Becker is not a defendant/judgment debtor.

Defendant/Judgment Debtor Henry Becker’s Motion to Quash Writ of Execution is TAKEN OFF CALENDAR. CCP § 128. This motion is moot in light of the court’s rulings on both the Labor Commissioner’s Motion to Amend Judgment and Judgment Creditor/Assignee’s Motion to Amend Judgment. Specifically, Henry Becker is not a defendant/judgment debtor.

Judgment Creditor/Assignee W. Thomas Farley’s Motion for an Assignment Order is TAKEN OFF CALENDAR. CCP § 128. This motion is moot in light of the court’s rulings on both the Labor Commissioner’s Motion to Amend Judgment and Judgment Creditor/Assignee’s Motion to Amend Judgment. Specifically, Henry Becker is not a defendant/judgment debtor.

Judgment Creditor/Assignee W. Thomas Farley’s Motion for an Order to Charge Member’s Interest in a Limited Liability Company is TAKEN OFF CALENDAR. CCP § 128. This motion is moot in light of the court’s rulings on both the Labor Commissioner’s Motion to Amend Judgment and Judgment Creditor/Assignee’s Motion to Amend Judgment. Specifically, Henry Becker is not a defendant/judgment debtor.

Labor Commissioner to give notice of all rulings.