GUY HART VS SUMANT PATEL

Tentative Rulings

Case Number: BC519868    Hearing Date: December 02, 2020    Dept: W

GUY HART V. SUMANT PATEL

motion to amend judgment

Date of Hearing: December 2, 2020 Trial Date: N/A

Department: W Case No.: BC519868

Moving Party: Plaintiff Guy Hart

Responding Party: No opposition.

BACKGROUND

This is a personal injury action. Plaintiff Guy Hart alleges Defendant negligently operated their vehicle so as to collide with Plaintiff’s vehicle and cause injuries.

Plaintiff filed a complaint on August 29, 2013.

On November 3, 2016, a special verdict was entered, awarding Plaintiff $1,500.00 in damages. On January 9, 2017, judgment was entered and costs were awarded to Defendant in the amount of $28,537.92.

[Tentative] Ruling

Plaintiff Guy Hart’s Motion to Amend Judgment is GRANTED, in part.

DISCUSSION

Plaintiff Guy Hart has filed a motion to amend judgment on the grounds that due to a clerical error, the wrong amount of the judgment was entered. Specifically, Plaintiff contends on the day of trial in this matter, November 2, 2016, Plaintiff and Defendant entered into a Consent Order for Voluntary Expedited Jury Trial, which provided that Plaintiff was guaranteed to receive $5,000, regardless of the amount of the verdict by the Jury. (Nehoray Decl. ¶¶2-3.)

Code of Civil Procedure section 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.”

In the instant matter, Plaintiff contends Defendant purposefully misrepresented to the court that the Judgment was $1,500.00. Secondly, because of the Consent Order, all costs stated in the Memorandum of Costs filed by Defendants should be disregarded.

The court finds there has been a clerical error as to the judgment entered. The parties agreed that Plaintiff would recover a minimum $5,000.00 (¶10.) The court granted the Consent Order on November 2, 2016. As a result, it was so ordered that the floor amount in this action would be $5,000.00. However, Paragraph 8 provides “Each party understands that any award of attorney’s fees and costs will be decided by the court.” As a result, the agreement contemplated that a cost award would be given over and above any damages and Defendant is entitled to file their Memorandum of Costs.

Based on the foregoing, Plaintiff’s Motion to Amend Judgment is GRANTED, in part. The judgment should have been $5000 to plaintiff against defendant, but the cost award is to stand. Plaintiff to submit a proposed amended judgment within 20 days.