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This case was last updated from Los Angeles County Superior Courts on 01/28/2016 at 18:28:41 (UTC).

CALIFORNIA BUSINESS BUREAU INC VS ANGELINA GUTIERREZ, ET AL

Case Summary

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.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****3063

  • Filing Date:

    05/27/2009

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Glendale Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

C. EDWARD SIMPSON

CANDACE BEASON

 

Party Details

Plaintiff

CALIFORNIA BUSINESS BUREAU INC.

Defendants

GUTIERREZ FELIPE

DOES 1 TO 10

GUTIERREZ ANGELINA

Attorney/Law Firm Details

Plaintiff Attorneys

LOVE FRANKLIN J.

LOVE FRANKLIN J. LAW OFFICES OF

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 08/04/2015
  • Notice (of stay proceedings - defendant Angelina Gutierrez is deceased ) Filed by Attorney for Plaintiff

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  • 06/25/2015
  • Proof of Service (OF APPLICATION AND NOTICE OF RENEWAL OF JUDGMENT ) Filed by Attorney for Plaintiff

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  • 06/04/2015
  • Declaration (re accrued interest ) Filed by Attorney for Plaintiff

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  • 06/04/2015
  • Notice (of renewal of judgment ) Filed by Attorney for Plaintiff

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  • 06/04/2015
  • Application-Miscellaneous (for and renewal of judgment ) Filed by Attorney for Plaintiff

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  • 06/04/2015
  • Memorandum of Costs (MOC - $120.00 Acknowledgment of Credit - $10221.04 Declaration of Accrued Interest - $34409.71 ) Filed by Attorney for Plaintiff

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  • 02/20/2015
  • Writ-Other (return of writ issued on 04-11-14 ) Filed by Sheriff/Police

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  • 04/11/2014
  • Writ-Other (writ of execution issued for orange county ) Filed by Attorney for Plaintiff

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  • 04/11/2014
  • 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 Plaintiff

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  • 04/09/2014
  • Notice of Case Reassignment & Ord Filed by Clerk

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3 More Docket Entries
  • 08/01/2012
  • Memorandum of Costs (RE; INTEREST IN THE AMOUNT OF 417,376.27. ) Filed by Attorney for Plaintiff

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  • 03/18/2010
  • Miscellaneous-Other (ABSTRACT ISSUED A.S. ) Filed by Judgment Creditor

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  • 12/31/2009
  • Judgment (AFTER COURT TRIAL ) Filed by Attorney for Plaintiff

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  • 11/10/2009
  • Notice (OF FSC & TRIAL ) Filed by Attorney for Plaintiff

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  • 10/14/2009
  • Statement-Case Management Filed by Attorney for Plaintiff

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  • 09/18/2009
  • Request for Entry of Default (Rejected/answer filed ) Filed by Attorney for Plaintiff

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  • 09/02/2009
  • Proof of Service Filed Filed by Defendant, & Defendant in Pro Per

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  • 09/02/2009
  • Answer to Complaint Filed Filed by Defendant, & Defendant in Pro Per

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  • 07/06/2009
  • Proof-Service/Summons Filed by Attorney for Plaintiff

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  • 05/27/2009
  • Complaint Filed

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Tentative Rulings

Case Number: GC043063    Hearing Date: August 21, 2020    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

california business bureau, inc.

Plaintiff,

v.

felipe gutierrez, et al.,

Defendants.

Case No.: GC043063

Hearing Date: August 21, 2020

[TENTATIVE] order RE:

motion to amend judgment and renewal of judgment

Background

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.

LEGAL STANDARD

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.”

DISCUSSION

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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