This case was last updated from Los Angeles County Superior Courts on 11/23/2020 at 04:29:02 (UTC).

TARZANA PLAZA CONDOMINIUMS ASSOCIATION VS EILEEN E. SALPER

Case Summary

On 04/25/2019 TARZANA PLAZA CONDOMINIUMS ASSOCIATION filed an Other lawsuit against EILEEN E SALPER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4059

  • Filing Date:

    04/25/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

TARZANA PLAZA CONDOMINIUMS ASSOCIATION

TARZANA PLAZA CONDOMINIUMS ASSOCIATION A NONPROFIT MUTUAL BENEFIT CORPORATION

Defendants

HABDEL EILEEN NHIYEM AKA EILEEN ETTA SALPER

SALPER EILEEN E. AKA EILEEN NHIYEM HABDEL

Attorney/Law Firm Details

Plaintiff Attorney

JUDGE JAMES

 

Court Documents

Motion for Order (name extension) - Motion for Order Motion of Order to Correct Clerical Error

11/10/2020: Motion for Order (name extension) - Motion for Order Motion of Order to Correct Clerical Error

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

2/7/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Declaration (name extension) - Declaration in Support of Award of Attorney's Fees

2/7/2020: Declaration (name extension) - Declaration in Support of Award of Attorney's Fees

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

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

4/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Order (name extension) - Order Amending Judgment

8/13/2020: Order (name extension) - Order Amending Judgment

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

9/29/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

9/25/2019: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Judgment - Judgment Judgment by Court

8/8/2019: Judgment - Judgment Judgment by Court

Declaration (name extension) - Declaration Declaration Pursuant

7/26/2019: Declaration (name extension) - Declaration Declaration Pursuant

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

7/26/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration DEC in Support of Award

7/26/2019: Declaration (name extension) - Declaration DEC in Support of Award

Declaration (name extension) - Declaration DEC in Lieu

7/26/2019: Declaration (name extension) - Declaration DEC in Lieu

Proof of Service - No Service - Proof of Service - No Service

5/7/2019: Proof of Service - No Service - Proof of Service - No Service

First Amended Standing Order - First Amended Standing Order

4/25/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

4/25/2019: Complaint - Complaint

Notice (name extension) - Notice Notice of Lis Pendens

4/25/2019: Notice (name extension) - Notice Notice of Lis Pendens

Civil Case Cover Sheet - Civil Case Cover Sheet

4/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

16 More Documents Available

 

Docket Entries

  • 11/10/2020
  • DocketMotion for Order Motion of Order to Correct Clerical Error; Filed by: Tarzana Plaza Condominiums Association, a Nonprofit Mutual Benefit Corporation (Plaintiff)

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  • 09/29/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Tarzana Plaza Condominiums Association, a Nonprofit Mutual Benefit Corporation (Plaintiff); As to: Eileen E. Salper (Defendant); Costs: 2915.00; Interest: 1456.36; Service Date: 09/29/2020

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  • 09/29/2020
  • DocketDeclaration in Support of Award of Attorney's Fees; Filed by: Tarzana Plaza Condominiums Association, a Nonprofit Mutual Benefit Corporation (Plaintiff)

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  • 08/31/2020
  • DocketNotice of Ruling; Filed by: Tarzana Plaza Condominiums Association, a Nonprofit Mutual Benefit Corporation (Plaintiff)

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  • 08/14/2020
  • DocketOrder Amending Judgment; Signed and Filed by: Tarzana Plaza Condominiums Association, a Nonprofit Mutual Benefit Corporation (Plaintiff); As to: Eileen E. Salper (Defendant)

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  • 08/13/2020
  • DocketUpdated -- Order Amending Judgment: Status Date changed from 08/14/2020 to 08/13/2020; Result Date changed from 08/14/2020 to 08/13/2020; As To Parties changed from Eileen E. Salper (Defendant) to Eileen E. Salper (Defendant)

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  • 08/13/2020
  • DocketMinute Order (Hearing on Motion for Order to correct)

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  • 08/13/2020
  • DocketHearing on Motion for Order to correct scheduled for 08/13/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/13/2020; Result Type to Held - Motion Granted

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  • 04/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/24/2020
  • DocketReset - Court Unavailable, Hearing on Motion for Order to correct scheduled for 06/08/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/13/2020 10:00 AM

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27 More Docket Entries
  • 05/07/2019
  • DocketProof of Service - No Service; Filed by: Tarzana Plaza Condominiums Association (Plaintiff); As to: Eileen Nhiyem Habdel (Defendant)

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  • 04/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/25/2019
  • DocketSummons on Complaint; Issued and Filed by: Tarzana Plaza Condominiums Association (Plaintiff); As to: Eileen Nhiyem Habdel (Defendant)

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  • 04/25/2019
  • DocketCivil Case Cover Sheet; Filed by: Tarzana Plaza Condominiums Association (Plaintiff); As to: Eileen Nhiyem Habdel (Defendant)

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  • 04/25/2019
  • DocketNotice Notice of Lis Pendens; Filed by: Tarzana Plaza Condominiums Association (Plaintiff); As to: Eileen Nhiyem Habdel (Defendant)

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  • 04/25/2019
  • DocketComplaint; Filed by: Tarzana Plaza Condominiums Association (Plaintiff); As to: Eileen Nhiyem Habdel (Defendant)

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  • 04/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/25/2019
  • DocketNon-Jury Trial scheduled for 10/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/25/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC04059    Hearing Date: August 13, 2020    Dept: 25

HEARING DATE: Thu., August 13, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Tarzana Plaza Condominiums Association v. Salper

CASE NUMBER: 19STLC04059 COMP. FILED: 04-25-19

NOTICE: N/A DEFAULT: 06-12-19

DEF. JDGMT: 08-08-19

PROCEEDINGS: MOTION FOR ORDER TO CORRECT CLERICAL ERROR IN THE JUDGMENT AND TO AMEND THE JUDGMENT NUNC PRO TUNC

MOVING PARTY: Plaintiff Tarzana Plaza Condominiums Association

RESP. PARTY: None

MOTION TO AMEND JUDGMENT

(CCP §473(d))

TENTATIVE RULING:

Plaintiff Tarzana Plaza Condominiums Association’s Motion is GRANTED. Page 3 line 17 of Paragraph 8 of the Judgment is amended as follows: “An undivided 1/101 interest in and to Lot 1 of said Tract No. 37432…”

SERVICE: Not necessary because Defendant is in default. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 185-86 [“A defendant against whom default has been entered is out of court and is not entitled to…demand notice of subsequent proceedings”].)

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A

[ ] Correct Address (CCP §§ 1013, 1013a) N/A

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A

OPPOSITION: None filed as of August 11, 2020 [ ] Late [X] None

REPLY: None filed as of August 11, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 25, 2019, Plaintiff Tarzana Plaza Condominiums Association (“Plaintiff”) filed an action to foreclose on real property assessment lien and for damages for breach of covenants against Defendant Eileen E. Salper aka Eileen Nhiyem Habdel (“Defendant”). Following Defendant’s failure to appear, default was entered against her on June 12, 2019. A default judgment was entered on August 8, 2019 for $12,007.24. (8/8/19 Judgment.)

On February 13, 2020, Plaintiff filed the instant Motion for Order to Correct Clerical Error in the Judgment and to Amend the Judgment Nunc Pro Tunc (the “Motion”). 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 a clerical error by the clerk or by the judge himself, or where some provision of, or omission from, the 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, Plaintiff moves to correct page 3, line 17 of paragraph 8, which refers to Parcel 2 as an “undivided 1/10th interest in and to Lot 1 of said Tract No. 37432…” (Mot., Mangikyan Decl., ¶ 4-7.) (Italics added.) The Judgment should instead read, an “undivided 1/101 interest in and to Lot 1 of said Tract No. 37432...” (Id.) (Italics added.)

Based on the clerical error made by Plaintiff’s counsel in drafting the Judgment, the Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Tarzana Plaza Condominiums Association’s Motion is GRANTED. Page 3 line 17 of Paragraph 8 of the Judgment is amended as follows: “An undivided 1/101 interest in and to Lot 1 of said Tract No. 37432…”

Moving party is ordered to give notice.