On 05/27/2009 CALIFORNIA BUSINESS BUREAU INC filed a Contract - Debt Collection lawsuit against ANGELINA GUTIERREZ. This case was filed in Los Angeles County Superior Courts, Glendale Courthouse located in Los Angeles, California. The Judges overseeing this case are C. EDWARD SIMPSON and CANDACE BEASON. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Los Angeles, California
C. EDWARD SIMPSON
CALIFORNIA BUSINESS BUREAU INC.
DOES 1 TO 10
LOVE FRANKLIN J.
LOVE FRANKLIN J. LAW OFFICES OF
Court documents are not available for this case.
Notice (of stay proceedings - defendant Angelina Gutierrez is deceased ) Filed by Attorney for PlaintiffRead MoreRead Less
Proof of Service (OF APPLICATION AND NOTICE OF RENEWAL OF JUDGMENT ) Filed by Attorney for PlaintiffRead MoreRead Less
Declaration (re accrued interest ) Filed by Attorney for PlaintiffRead MoreRead Less
Notice (of renewal of judgment ) Filed by Attorney for PlaintiffRead MoreRead Less
Application-Miscellaneous (for and renewal of judgment ) Filed by Attorney for PlaintiffRead MoreRead Less
Memorandum of Costs (MOC - $120.00 Acknowledgment of Credit - $10221.04 Declaration of Accrued Interest - $34409.71 ) Filed by Attorney for PlaintiffRead MoreRead Less
Writ-Other (return of writ issued on 04-11-14 ) Filed by Sheriff/PoliceRead MoreRead Less
Writ-Other (writ of execution issued for orange county ) Filed by Attorney for PlaintiffRead MoreRead Less
Memorandum of Costs (in the amount of $60.00. acknowledment of credit in the amount of $207.67. declaration of accrued interest in the amount of $28897.73 filed. ) Filed by Attorney for PlaintiffRead MoreRead Less
Notice of Case Reassignment & Ord Filed by ClerkRead MoreRead Less
Memorandum of Costs (RE; INTEREST IN THE AMOUNT OF 417,376.27. ) Filed by Attorney for PlaintiffRead MoreRead Less
Miscellaneous-Other (ABSTRACT ISSUED A.S. ) Filed by Judgment CreditorRead MoreRead Less
Judgment (AFTER COURT TRIAL ) Filed by Attorney for PlaintiffRead MoreRead Less
Notice (OF FSC & TRIAL ) Filed by Attorney for PlaintiffRead MoreRead Less
Statement-Case Management Filed by Attorney for PlaintiffRead MoreRead Less
Request for Entry of Default (Rejected/answer filed ) Filed by Attorney for PlaintiffRead MoreRead Less
Proof of Service Filed Filed by Defendant, & Defendant in Pro PerRead MoreRead Less
Answer to Complaint Filed Filed by Defendant, & Defendant in Pro PerRead MoreRead Less
Proof-Service/Summons Filed by Attorney for PlaintiffRead MoreRead Less
Complaint FiledRead MoreRead Less
Case Number: GC043063 Hearing Date: August 21, 2020 Dept: NCB
North Central District
california business bureau, inc.
felipe gutierrez, et al.,
Case No.: GC043063
Hearing Date: August 21, 2020
[TENTATIVE] order RE:
motion to amend judgment and renewal of judgment
A. Allegations of the Pleadings
Plaintiff California Business Bureau Inc. (“Plaintiff”) commenced this action against Defendants Angelina and Felipe Gutierrez (“Defendants”) on May 27, 2009 for money. Plaintiff alleges that Methodist Hospital of Southern California assigned to Plaintiff all collection rights and claims. Plaintiff alleges that on December 21, 2007, Defendant became and are still indebted to Plaintiff’s assignor for open book account and account stated for medical services furnished to Defendants in the sum of $55,830.21.
B. Relevant Background
On December 14, 2009, the matter proceeded to Court Trial. No appearance was made by or for Defendants. The Court ordered judgment in favor of Plaintiff and against Defendants in the amount of $55,830.21, plus attorney’s fees of $800, interest from December 21, 2007, and costs.
On December 31, 2009, judgment after court trial was entered in favor of Plaintiff and against Defendants in the total amount of $68,197.17 (= $55,830.21 damages + $11,057.96 pre-judgment interest at 10% + $800 attorney’s fees + $429 costs).
The judgment was renewed on June 4, 2015.
On November 18, 2019, a Writ of Execution was filed against Felipe Gutierrez in the amount of $133,458.93 (=$92,535.84 total judgment + $105 costs after judgment + $0 credit + $40,793.09 accrued interest + $25 fee for issuance of writ).
C. Motion to Amend Judgment
On February 10, 2020, Plaintiff filed a motion to amend the judgment and renewal of judgment.
The Court is not in receipt of an opposition brief.
CCP §473(d) provides: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”
Plaintiff moves for a court order amending the judgment entered on December 31, 2009 and renewed on June 4, 2015 to reflect the correct amount of the original judgment and its renewal. Specifically, Plaintiff argues that the sums should be $68,117.17 for the December 31, 2009 judgment and $92,415.61 for the June 4, 2015 renewal of judgment.
Plaintiff argues that the December 31, 2009 judgment states that the amount is for $68,197.17, but the actual judgment should be for $68,117.17. Plaintiff states that this typographical error was not caught in the original judgment because the judgment sought an additional $80. As a result, Plaintiff argues that the June 4, 2015 renewed judgment included too much principal in the amount of $80 and thereby too much interest on that sum of $43.40, for an overstatement of $123.40—such that the correct amount should be $92,412.44 instead of $92,535.84. (Love Decl. at p.4.)
The Court finds that the motion has substantive merit and, thus, will grant the motion. Accordingly, the December 31, 2009 judgment shall be amended so that the total judgment amount shall reflect the correct amount of $68,117.17. The June 4, 2015 renewed judgment shall be amended to include the correct sum of $92,412.44.
CONCLUSION AND ORDER
The motion is granted, such that the December 31, 2009 Judgment and the June 4, 2015 Renewal of Judgment shall be amended to reflect the correct principal sums of: (a) $68,117.17 for the December 31, 2009 Judgment; and (b) $92,412.44 for the June 4, 2015 Renewal of Judgment.
The Court notes that there appears to be an inconsistency in the moving papers and the proposed order. The proposed order lodged by Plaintiff on February 10, 2020 states that the June 4, 2015 Renewal of Judgment should be amended to reflect the sum of $94,415.61, as opposed to the $92,412.44 amount. Thus, Plaintiff should lodge an amended proposed order consistent with this Court’s order.
Plaintiff shall provide notice of this order.
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