Sharon Green v. Mary Long Berry
Case No: 17CV02282
Hearing Date: Mon Oct 01, 2018 9:30

Nature of Proceedings: Motion Relief from Stay of Judgment

Sharon E. Green v. Mary Long Berry, #17CV02282, Judge Sterne

Hearing Date: October 1, 2018

Matter:

Post Judgment Motion for Relief from Stay of Enforcement of Judgment

Correction of Clerical Error in Judgment

Attorneys:

For Plaintiff: John K. Dorwin

For Defendant: No appearance

Tentative Ruling: The court grants plaintiff Sharon E. Green’s Post Judgment Motion for Relief from Stay of Enforcement of Judgment and orders the stay of judgment lifted.

The judgment is otherwise in need of correction and the court will enter an amendment to judgment as described below.

Background: On December 11, 2017, the court entered a Judgment after Hearing on Default Prove Up in favor of plaintiff Sharon E. Green and against defendant Mary Long Berry in the amount of $43,725.41. As an addendum to the judgment, the court noted: “The court stays enforcement of this judgment until the mental competence, or lack thereof, of defendant has been established; if the defendant is found unable to stand trial in the criminal proceeding, and is deemed the appropriate subject for conservatorship; the plaintiff may petition this court, or within any LPS or Probate proceeding, to have the stay of enforcement lifted.”

Motion: Plaintiff moves for relief from the stay of enforcement. Plaintiff says: “The Addendum to the Judgment will be stricken based upon a finding, Defendant Mary Long Berry is competent to stand trial in the pending Criminal proceeding, and has been restored to competency after hearing on July 18, 2018 in Cases Nos. 1495584, 1497476, 17CR02643, and

17CR00937.” Plaintiff provided no evidence supporting the motion.

This matter was scheduled for hearing on August 13. On that date, at defendant’s request, the court continued the hearing to October 1.

The court has looked at the criminal dockets and found that, on July 18, 2018, the court determined that defendant has been restored to competency. Therefore, the court grants plaintiff Sharon E. Green’s Post Judgment Motion for Relief from Stay of Enforcement of Judgment.

Amendment to Judgment: In reviewing this matter, the court has discovered a clerical error in the judgment entered on December 11, 2017. At page 3, line 8 through page 4, line 2, the judgment provides these damages:

Personal injuries: $5,000

Los of use and enjoyment of property: $5,000

Misc. expenditures: $33,725.41

Permanent depreciation in value of residence: $43,725.41

Total monetary damages against defendant: $0

The fourth item should be $0 and the fifth item should be $43,725.41. This was a clerical error, which the court has authority to correct pursuant to CCP § 473(d). The court will enter an amendment to judgment.