This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 05:07:15 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS CARLOS GUILLERMO GUZMAN, ET AL.

Case Summary

On 06/06/2019 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Uninsured Motor Vehicle lawsuit against CARLOS GUILLERMO GUZMAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5427

  • Filing Date:

    06/06/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendants

GUZMAN GUILLERMO

GUZMAN CARLOS GUILLERMO

Attorney/Law Firm Details

Plaintiff Attorney

AGUIRRE JAMES

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

8/27/2020: Proof of Service by Mail - Proof of Service by Mail

Order (name extension) - Order -

7/1/2020: Order (name extension) - Order -

Minute Order - Minute Order (Hearing on Motion to Amend Judgment to Correct Clerical Error)

7/1/2020: Minute Order - Minute Order (Hearing on Motion to Amend Judgment to Correct Clerical Error)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion to Amend Judgment - Motion to Amend Judgment

3/10/2020: Motion to Amend Judgment - Motion to Amend Judgment

Judgment - Judgment Judgment

2/5/2020: Judgment - Judgment Judgment

Judgment - Judgment Judgment

2/5/2020: Judgment - Judgment Judgment

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

12/11/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

12/11/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

12/11/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration (name extension) - Declaration DECLARATION OF YADIRA OLMOS RE PROOF OF DAMAGES, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 585(d)

12/11/2019: Declaration (name extension) - Declaration DECLARATION OF YADIRA OLMOS RE PROOF OF DAMAGES, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 585(d)

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

12/11/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Request for Dismissal - Request for Dismissal

12/11/2019: Request for Dismissal - Request for Dismissal

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

10/24/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

8/1/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

6/6/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/6/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 08/27/2020
  • DocketProof of Service by Mail; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos Guillermo Guzman (Defendant); Guillermo Guzman (Defendant)

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  • 07/01/2020
  • DocketUpdated -- Motion to Amend Judgment: Filed By: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); Result: Granted; Result Date: 07/01/2020

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  • 07/01/2020
  • DocketUpdated -- On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 06/06/2019, judgment entered on 02/05/2020 is vacated

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  • 07/01/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 06/06/2019, judgment entered on 02/05/2020 as to Guillermo Guzman is

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  • 07/01/2020
  • DocketOrder -; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos Guillermo Guzman (Defendant)

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  • 07/01/2020
  • DocketUpdated -- Judgment amended on 07/01/2020 ; Status Date changed from 02/05/2020 to 07/01/2020 ; Other changed from 3,500.00 to 9,500.00 ; Status changed from Entered to Amended

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  • 07/01/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 06/06/2019, judgment entered on 02/05/2020 as to Carlos Guillermo Guzman is

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  • 07/01/2020
  • DocketUpdated -- On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 06/06/2019, judgment entered on 02/05/2020 is vacated

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  • 07/01/2020
  • DocketMinute Order (Hearing on Motion to Amend Judgment to Correct Clerical Error)

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  • 07/01/2020
  • DocketHearing on Motion to Amend Judgment to Correct Clerical Error scheduled for 07/01/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/01/2020; Result Type to Held - Motion Granted

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22 More Docket Entries
  • 10/24/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos Guillermo Guzman (Defendant); Guillermo Guzman (Defendant)

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  • 08/01/2019
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Guillermo Guzman (Defendant); Service Date: 07/13/2019; Service Cost: 150.00; Service Cost Waived: No

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  • 08/01/2019
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos Guillermo Guzman (Defendant); Service Date: 07/13/2019; Service Cost: 150.00; Service Cost Waived: No

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  • 06/07/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/09/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/07/2019
  • DocketNon-Jury Trial scheduled for 12/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/07/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/06/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/06/2019
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos Guillermo Guzman (Defendant); Guillermo Guzman (Defendant)

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  • 06/06/2019
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos Guillermo Guzman (Defendant); Guillermo Guzman (Defendant)

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  • 06/06/2019
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos Guillermo Guzman (Defendant); Guillermo Guzman (Defendant)

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Tentative Rulings

Case Number: 19STLC05427    Hearing Date: July 01, 2020    Dept: 26

Interinsurance Exchange of the Automobile Club v. Guzman, et al.

MOTION TO AMEND JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Judgment Creditor Interinsurance Exchange of the Automobile Club’s Motion to Amend Judgment is GRANTED.

ANALYSIS:

Judgment Creditor Interinsurance Exchange of the Automobile Club (“Judgment Creditor”) obtained default judgment against Judgment Debtors Carlos Guillermo Guzman and Guillermo Guzman (“Judgment Debtors”) on February 5, 2020. The Court entered judgment in the total amount of $7,620.80 jointly and severally against Judgment Debtors. On March 10, 2020, Judgment Creditor filed the instant Motion to Amend Judgment. To date, no opposition has been filed.

Legal Standard

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; CCP § 473(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.)

Discussion

Judgment Creditor asks the Court to take amend the default judgment on the grounds that the principal amount sought should have been $13,000.00, instead of $7,000.00, and that the error was purely clerical in nature. The Court agrees based on the following evidence. The Complaint and Statement of Damages both seek $13,000.00 in principal damages. (Compl., p. 1; Statement of Damages, filed 12/11/19, ¶¶1e and 2e.) Additionally, the application in support of entry of default judgment demonstrates that Judgment Creditor incurred principal damages of $13,000.00. (Olmos Decl., ¶5; Echeverria Decl., ¶11 and Exh. 1.) Finally, the declaration in support of the instant Motion states that Judgment Creditor’s attorney inadvertently entered the wrong principal amount on the Request for Entry of Default Judgment. (Motion, Aguirre Decl., ¶¶4-5.)

Based on the foregoing, Judgment Creditor Interinsurance Exchange of the Automobile Club’s Motion to Amend Judgment is GRANTED.

Moving party to give notice.