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This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 11:27:34 (UTC).

CITY OF LOS ANGELES VS JEFF C. NELSON

Case Summary

On 09/27/2017 CITY OF LOS ANGELES filed a Contract - Other Contract lawsuit against JEFF C NELSON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2632

  • Filing Date:

    09/27/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

CITY OF LOS ANGELES

Defendants

NELSON JEFF C. AKA JEFF CARTER NELSON

NELSON JEFF C.

NELSON JEFF C AKA JEFFREY CARTER NELSON

Attorney/Law Firm Details

Plaintiff Attorney

LAZARO AVELINO VOLTAIRE

 

Court Documents

Order for Publication

3/5/2018: Order for Publication

Notice (name extension) - NOTICE OF ERRATA RE PLAINTIFF, CITY OF LOS ANGELES

3/5/2018: Notice (name extension) - NOTICE OF ERRATA RE PLAINTIFF, CITY OF LOS ANGELES

Memorandum of Points & Authorities

3/5/2018: Memorandum of Points & Authorities

Declaration (name extension) - of Publication

5/14/2018: Declaration (name extension) - of Publication

Request for Entry of Default / Judgment

7/17/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

7/24/2018: Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment

8/7/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

8/10/2018: Notice of Rejection Default/Clerk's Judgment

Complaint - (Amended)

11/30/2018: Complaint - (Amended)

Summons - Summons on Amended Complaint (1st)

11/30/2018: Summons - Summons on Amended Complaint (1st)

Proof of Personal Service - Proof of Personal Service

2/6/2019: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Non-Jury Trial)

3/27/2019: Minute Order - Minute Order (Non-Jury Trial)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/28/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice (name extension) - Notice Notice of OSC re: Default Judgment

3/29/2019: Notice (name extension) - Notice Notice of OSC re: Default Judgment

Summons - on Complaint

9/27/2017: Summons - on Complaint

Civil Case Cover Sheet

9/27/2017: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

9/27/2017: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 09/30/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/01/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 04/17/2019
  • DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 10/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/29/2019
  • DocketNotice Notice of OSC re: Default Judgment; Filed by: City of Los Angeles (Plaintiff); As to: Jeff C. Nelson (Defendant); Jeff C Nelson (Defendant); jeff c. nelson (Defendant)

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  • 03/28/2019
  • DocketProof of Personal Service; Filed by: City of Los Angeles (Plaintiff); As to: Jeff C. Nelson (Defendant); Jeff C Nelson (Defendant); jeff c. nelson (Defendant); Service Date: 01/29/2019; Service Cost: 54.00; Service Cost Waived: No

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  • 03/28/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: City of Los Angeles (Plaintiff); As to: Jeff C Nelson (Defendant)

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  • 03/28/2019
  • DocketDefault entered as to Jeff C Nelson; On the Amended Complaint (1st) filed by City of Los Angeles on 11/30/2018

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  • 03/27/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 03/27/2019
  • DocketNon-Jury Trial scheduled for 03/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 03/27/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 02/06/2019
  • DocketProof of Personal Service; Filed by: City of Los Angeles (Plaintiff); As to: Jeff C. Nelson (Defendant); Jeff C Nelson (Defendant); jeff c. nelson (Defendant); Service Date: 01/29/2019; Service Cost: 54.00; Service Cost Waived: No

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13 More Docket Entries
  • 03/05/2018
  • DocketUpdated -- Order for Publication: Result: Signed and Filed; Result Date: 03/05/2018

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 09/28/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 09/27/2017
  • DocketComplaint; Filed by: City of Los Angeles (Plaintiff); As to: Jeff C. Nelson (Defendant)

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  • 09/27/2017
  • DocketCivil Case Cover Sheet; Filed by: City of Los Angeles (Plaintiff)

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  • 09/27/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/27/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/27/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 09/27/2017
  • DocketNon-Jury Trial scheduled for 03/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/27/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC02632    Hearing Date: November 03, 2020    Dept: 26

City of Los Angeles v. Nelson, et al

MOTION TO AMEND JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Motion of Plaintiff / Judgment Creditor City of Los Angeles, acting by and through the Department of Water and Power, to Amend Judgment Nunc Pro Tunc is GRANTED. THE DEFAULT JUDGMENT IS AMENDED TO CORRECT JUDGMENT DEBTOR’S NAME TO “Jeff C. Nelson, aka Jeffery Carter Nelson, an individual.”

ANALYSIS:

Plaintiff City of Los Angeles, acting by and through the Department of Water and Power (“Plaintiff” or “Judgment Creditor”) filed the instant action for account stated, book account, goods and services rendered against Jeff C. Nelson, aka Jeffery Carter Nelson, an individual. (“Defendant” or “Judgment Debtor”) on September 27, 2017. Default judgment was entered against Defendant on October 15, 2019. (Judgment, filed 10/15/19.) Judgment Creditor now moves to amend the judgment on the grounds that the judgment incorrectly sets forth Defendant’s name.

Courts have inherent powers to correct judgments by a nunc pro tunc order where there has been clerical error by clerk or by the judge himself, or where some provision of, or omission from, order or judgment was due to inadvertence, or mistake of court. (Lane v. Superior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; Code Civ. Proc., § 473, subd. (d).) This includes clerical errors when made by an attorney who drafts the judgment. (See In re Marriage of Kaufman (1980) 101 Cal.App.3d 147, 151.) However, while a trial court may correct clerical errors and misprisions in a judgment, it cannot amend a judgment once entered, if the error to be corrected is a judicial one, for instance if it embodies an intentional action of the court even though legally erroneous. (Kamper v. Mark Hopkins, Inc. (1947) 78 Cal App 2d 885.)

Judgment Creditor has shown that the judgment was inadvertently entered against “Jeff C. Carter aka Jeffrey Carter Nelson, an individual” instead of Jeff C. Nelson, aka Jeffery Carter Nelson, an individual.” (Motion, Georgoulis Decl., ¶¶3-7.) Judgment Creditor’s attorney’s declaration demonstrates that Judgment Debtor’s name on the judgment was a clerical error. Accordingly, the request to amend the default judgment amount is GRANTED. THE DEFAULT JUDGMENT IS AMENDED TO CORRECT JUDGMENT DEBTOR’S NAME TO “Jeff C. Nelson, aka Jeffery Carter Nelson, an individual.”

Moving party to give notice.

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