Case Number: 07CL4882 Hearing Date: June 04, 2018 Dept: 94

Plaintiff Absolute Bonding Corp.’s Motion to Amend Case Summary is GRANTED.

On July 25, 2007, Plaintiff Absolute Bonding Corp. (“Plaintiff”) filed this action against Defendants Jesus Cazares (“Cazares”) and Gonzalo Baltazar aka Gonzalo Manzo Baltazar (“Baltazar”). On July 21, 2008, default judgment was entered in favor of Plaintiff and against Baltazar. On February 5, 2018, Plaintiff filed a Motion to Amend Case Summary (the “Motion”).

Legal Standard

CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.”

“A court of general jurisdiction has this inherent power to correct clerical error in its records, whether made by the court, clerk or counsel, at anytime so as to conform its records to the truth.” (Aspen Internat. Capital Corp. v. Marsch (1991) 235 Cal.App.3d 1199, 1204.) Courts have a “plain duty[] to remedy clerical errors.” (Roth v. Marston (1952) 110 Cal.App.2d 249, 251.)

Discussion

Plaintiff cites to page 2 of the default judgment to show the Court entered judgment in favor of Plaintiff and against Balthazar; no judgment was entered against Cazares. (Exh. A.) After the default judgment was entered, this case was transferred to the Stanley Mosk Courthouse, and the case number was renumbered from LB07C04882 to LAM07CL4882 on April 1, 2013. (See Case Summary.) However, the Case Summary states that the default judgment was entered as follows on July 21, 2008:

“JUDGMENT ENTERED AS A FINAL DISPOSITION ON 07/21/08. FOR (ABSOLUTE BONDING CORPORATION). AGAINST (CAZARES, JESUS). PRINCIPAL $ 8070.00. ATTORNEY FEES $ 574.20. INTEREST $ 1180.14. COSTS $ 320.00. TOTAL $ 10,144.34.”

The Case Summary incorrectly states that default judgment was entered against Cazares, but the judgment was entered only against Balthazar: this appears to be a clerical error. Plaintiff argues that because of this error in the Case Summary, it is unable to renew the judgment. (Motion p. 2.) Plaintiff requests that the Court correct the error in the Case Summary to reflect the correct Defendant’s name, which is Balthazar. (Id.)

Plaintiff brought the Motion under CCP 473(a)(1), but the Court finds that its inherent power and CCP § 187 to be the proper authority to correct the clerical error, which the Court may exercise without a noticed motion. Accordingly, the Motion is GRANTED. The Court exercises its inherent power and authority under CCP § 187 to correct the judgment entered on July 21, 2008 in the Case Summary to conform with the actual default judgment and to state as follows:

“JUDGMENT ENTERED AS A FINAL DISPOSITION ON 07/21/08. FOR (ABSOLUTE BONDING CORPORATION). AGAINST (GONZALO, BALTAZAR AKA GONZALO MANZO, BALTAZAR). PRINCIPAL $ 8070.00. ATTORNEY FEES $ 574.20. INTEREST $ 1180.14. COSTS $ 320.00. TOTAL $ 10,144.34.”

The Clerk of the Court is directed to make such correction as ordered.

Moving party to give notice.