02AS00517

Eastman Kodak Company vs. Professional Photo Repair

Nature of Proceeding:    Motion to Amend Judgment

Filed By:   Booska, Steven A.

Plaintiff Eastman Kodak’s unopposed motion to amend judgment is granted.

It is clear the Court has jurisdiction to amend a Judgment to reflect a Defendant’s true
name. The basis of the rule is, of course, that the court having acquired jurisdiction of
the person of the defendant and of the subject of the action, it necessarily possessed
the power to correct a misnomer. Mirabito v. San Francisco Dairy Co. (1935) 8 Cal.
App. 2d 54, 59-60; see, also Cal Code Civ Proc § 187  . The matter under
consideration herein does not affect an enlargement of the original Judgment, nor it is
a modification, but to correct an error of law. It is simply an amendment whose sole
purpose is to designate the true and legal name of the Judgment Debtor. Thompson v.
L.C. Ronev & Co.,(1952) 112 Cal. App 2d 420, 425 .The liberality with which a court
permits amendments of judgments where the record itself clearly reflects a clerical
error applies equally to the use of extrinsic evidence to clarify the name of the
defendants/judgment debtors. Id. at  p. 427.

In the instant matter, judgment was entered against defendant Professional Photo
Repair Gil Saucedl AKA Gilbert Saucedo, Proprietor.  Plaintiff moves to amend the
judgment to reflect that it was entered against Photo Repair, a California Corporation;
Gil Saucedl AKA Gilbert Saucedo, Proprietor.  Plaintiff seeks such an order to reflect
the true name of defendant.  The motion is granted.

Pursuant to CRC, Rule 3.1312, Plaintiff shall submit an order amending judgment for
the Court’s signature.  The proposed order is stapled to the moving papers.            The notice of motion does not provide notice of the Court’s tentative ruling system as
required by Local Rule 1.06(D).  Plaintiff’s counsel is ordered to notify Defendant
immediately of the tentative ruling system and to be available at the hearing, in person
or by telephone, in the event Defendant appears without following the procedures set
forth in Local Rule 1.06(B).

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or other notice is required.