This case was last updated from Los Angeles County Superior Courts on 10/06/2020 at 11:56:55 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS JESUS FERNANDO CORONA RESENDIZ, ET AL.

Case Summary

On 01/31/2019 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against JESUS FERNANDO CORONA RESENDIZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1091

  • Filing Date:

    01/31/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendants

CORONA RESENDIZ JESUS FERNANDO

RESENDIZ ANGELICA

Attorney/Law Firm Details

Plaintiff Attorney

AGUIRRE JAMES

 

Court Documents

Declaration (name extension) - Judgment Amended Judgment

8/17/2020: Declaration (name extension) - Judgment Amended Judgment

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

9/25/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

10/23/2019: Declaration (name extension) - Declaration DECLARATION OF ARTHUR ANDERSON 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)

10/23/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

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

10/23/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

10/23/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

10/23/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

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

10/23/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Judgment - Judgment Judgment

11/8/2019: Judgment - Judgment Judgment

Motion to Amend Judgment - Motion to Amend Judgment

2/5/2020: Motion to Amend Judgment - Motion to Amend Judgment

Minute Order - Minute Order (Hearing on Motion to Amend Judgment)

3/5/2020: Minute Order - Minute Order (Hearing on Motion to Amend Judgment)

Proof of Service by Substituted Service - Proof of Service by Substituted Service Amended

7/2/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service Amended

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/13/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/13/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

1/31/2019: Complaint - Complaint

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

1/31/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

1/31/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

1/31/2019: First Amended Standing Order - First Amended Standing Order

19 More Documents Available

 

Docket Entries

  • 08/26/2020
  • DocketUpdated -- Judgment Amended Judgment: Filed By: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); Result: Granted; Result Date: 08/26/2020

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  • 08/26/2020
  • DocketUpdated -- Judgment Amended Judgment: Status Date changed from 08/17/2020 to 08/26/2020; Result Date changed from 08/26/2020 to 08/26/2020; As To Parties changed from Angelica Resendiz (Defendant) to Angelica Resendiz (Defendant)

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  • 08/17/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Jesus Fernando Corona Resendiz (Defendant)

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  • 08/17/2020
  • DocketAmended Declaration of James H. Aguirre; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Jesus Fernando Corona Resendiz (Defendant)

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  • 08/17/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Angelica Resendiz (Defendant)

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  • 08/17/2020
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Jesus Fernando Corona Resendiz (Defendant); Angelica Resendiz (Defendant)

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  • 08/17/2020
  • DocketDefault entered as to Jesus Fernando Corona Resendiz; On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 01/31/2019

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  • 08/17/2020
  • DocketDefault entered as to Angelica Resendiz; On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 01/31/2019

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  • 08/17/2020
  • DocketUpdated -- Amended Declaration of James H. Aguirre: Name Extension: blank; Document changed from Judgment to Declaration (name extension); Exact Name: Amended Declaration of James H. Aguirre; As To Parties changed from Jesus Fernando Corona Resendiz (Defendant) to Jesus Fernando Corona Resendiz (Defendant)

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  • 04/01/2020
  • DocketHearing on Motion to Amend Judgment scheduled for 03/05/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 03/05/2020

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31 More Docket Entries
  • 03/13/2019
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Jesus Fernando Corona Resendiz (Defendant); Proof of Mailing Date: 03/04/2019; Service Cost: 232.00; Service Cost Waived: No

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  • 02/04/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/04/2019
  • DocketNon-Jury Trial scheduled for 07/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 02/04/2019
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 01/31/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/31/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/31/2019
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Jesus Fernando Corona Resendiz (Defendant); Angelica Resendiz (Defendant)

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  • 01/31/2019
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Jesus Fernando Corona Resendiz (Defendant); Angelica Resendiz (Defendant)

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  • 01/31/2019
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Jesus Fernando Corona Resendiz (Defendant); Angelica Resendiz (Defendant)

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Tentative Rulings

Case Number: 19STLC01091    Hearing Date: March 05, 2020    Dept: 25

MOTION TO AMEND JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Judgment Creditor Interinsurance Exchange of the Automobile Club’s Motion to Amend Default Judgment to Correct Clerical Mistake is GRANTED. The Judgment entered against Judgment Debtors Jesus Fernando Corona Resendiz and Angelica Resendiz is reduced from $5,387.18 to $4,809.95.

ANALYSIS:

  1. Background

On January 31, 2019, Plaintiff / Judgment Creditor Interinsurance Exchange of the Automobile Club (“Judgment Creditor”) filed an action for subrogation against Defendants / Judgment Debtors Jesus Fernando Corona Resendiz and Angelica Resendiz (“Judgment Debtors”). On September 25, 2019, default was entered as to both Judgment Debtors. On November 8, 2019, default judgment was entered against Judgment Debtors in the amount of $5,387.18, which included damages of $4,608.48, interest of $321.70, and costs of $457.00. (11/08/19 Judgments.)

On February 5, 2020, Judgment Creditor filed the instant Motion to Amend Default Judgment to Correct Clerical Error (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Courts have inherent power 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.)

Here, Judgment Creditor moves to correct the amount of damages on the grounds that the amount is too high. Specifically, Judgment Creditor’s counsel mistakenly listed the damages on the request for default judgment as $4,608.48 instead of $4,068.48. (Mot., p. 3, Aguirre Decl., ¶ 4, 6, Exh. A, B.) Based on the clerical error made by Judgment Creditor’s counsel, the Motion is GRANTED. Judgment is reduced from $5,387.18 to $4,809.95, which includes reduced damages of $4,068.48, reduced interest of $284.47, and costs of $457.00. (Id. at ¶ 6, Exh. B.)

  1. Conclusion & Order

For the foregoing reasons, Judgment Creditor Interinsurance Exchange of the Automobile Club’s Motion to Amend Default Judgment to Correct Clerical Mistake is GRANTED. The Judgment entered against Judgment Debtors Jesus Fernando Corona Resendiz and Angelica Resendiz is reduced from $5,387.18 to $4,809.95.

Moving party is ordered to give notice.