Case Number: KC063555    Hearing Date: August 22, 2014    Dept: 93

Superior Court of California
County of Los Angeles
Department 93

PEDRO MOLINA PARRA, JR.,

Plaintiff(s),
v.

IRWINDALE SPEEDWAY, LLC, ET AL.,

Defendant(s). Case No.: KC063555

Hearing Date: August 22, 2014

[TENTATIVE] RULING RE:
PLAINTIFF PEDRO MOLINA PARRA, JR.’S MOTION TO SET ASIDE MINUTE ORDER VACATING DEFAULT AND DEFAULT JUDGMENT OF DEFENDANTS AND REINSTATING THE SAME AND TO CORRECT CLERICAL ERROR BY AMENDING PLAINTIFF’S NAME FROM PEDRO MOLINA PARRA TO PEDRO MOLINA PARRA, JR.

Plaintiff Pedro Molina Parra, Jr.’s Motion to Set Aside Minute Order Vacating Default and Default Judgment of Defendants and Reinstating the Same and to Correct Clerical Error by Amending Plaintiff’s Name from Pedro Molina Parra to Pedro Molina Parra, Jr. is GRANTED.

Correcting Mistake in Plaintiff Pedro Molina Parra, Jr.’s Name

CCP Section 473(a)(1) states:

The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.

Courts have the inherent power to correct clerical errors in their records to reflect the true facts, even pending an appeal, on its own motion, at any time. (People v. Mitchell (2001) 26 Cal. 4th 181, 185.) The pertinent limitation is that judges may not amend a judgment as clerical error in a way that substantially modifies it or materially alters parties’ rights. (Manson, Iver & York v. Black (2009) 176 Cal.App. 4th 36, 43.) Here, correcting Plaintiff’s name, which has been stated as “Pedro Molina Parra” throughout this action, to “Pedro Molina Parra, Jr.” does not substantially modify the judgment or alter the parties’ rights. (Motion, Chengini Decl. (“Chengini Decl.”) ¶10.) There is nothing to suggest that the plaintiff in this action will be confused for the wrong person if his name is corrected to include “Jr.” Nor will Defendants’ rights be affected, as they have failed to defend this action resulting in the subject defaults and default judgments. Therefore, the Court should allow Plaintiff to amend the pleadings and proceedings by changing “Pedro Molina Parra” to “Pedro Molina Parra, Jr.”

Setting Aside Court’s May 21, 2014 Minute Order
CCP Section 473(b) states in relevant part:

The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.
Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.

On May 21, 2014 the Court ordered “the ‘Judgment By Default By Court’ filed on February 04, 2014 and the ‘Request for Entry of Default’ filed on October 24, 2012 and filed on March 06, 2014 hereby vacated and set aside. The complaint shows the Plaintiff as ‘Pedro Molina Parra, Jr.’ and the requests for entry of default and default judgment shows the Plaintiff as ‘Pedro Molina Parra.’” “Inadvertence” generally refers to doing something not intended to be done or failing to do something that was intended to be done. (See Rappleyea v. Campbell (1995) 8 Cal. 4th 975, 981.) The failure to include the “Jr.” at the end of Plaintiff’s name was the result of his attorney’s inadvertence, as demonstrated by the fact that the Summons and Complaint correctly refers to Plaintiff as “Pedro Molina Parra, Jr.” (Chengini Decl. ¶8.) The Court, therefore, may set aside its May 21, 2014 minute order vacating the defaults and default judgments taken against Defendants.

Plaintiff is ordered to give notice.

DATED: August 22, 2014
_________________________
Hon. Gail Ruderman Feuer
Judge, Los Angeles Superior Court