On 08/29/2013 GUY HART filed a Personal Injury - Motor Vehicle lawsuit against SUMANT PATEL. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are BENNY C. OSORIO, TERESA A. BEAUDET, VIRGINIA KEENY and PAUL A. BACIGALUPO. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Van Nuys Courthouse East
Los Angeles, California
BENNY C. OSORIO
TERESA A. BEAUDET
PAUL A. BACIGALUPO
GLICKMAN & GLICKMAN
NEHORAY MAC E. ESQ.
BLANKSTEIN JOEL ESQ.
RAFFALOW RHOADS & BRETOI
RAFFALOW BRETOI & ADAMS
11/3/2016: Legacy Document - STIPULATION, RECEIPT AND ORDER RE RELEASE OF CIVIL EXHIBITS
11/3/2016: Legacy Document - JURY REQUEST OR QUESTION
3/15/2017: Notice of Entry of Judgment
12/6/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER CORRECT CLERICAL ERROR)
11/3/2020: Motion to Amend Judgment
12/2/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)
8/29/2013: SUMMONS -
6/9/2015: NOTICE OF CONTINUANCE REGARDING EX PARTE APPLICATION FOR ORDER AUTHORIZING REAL PARTY IN INTEREST, SAM S. LESLIE, TO SUBSTITUTE IN AS PLAINTIFF AND ETC
11/10/2015: NOTICE OF CONTINUANCE OF FINAL STATUS CONFERENCE AND TRIAL
3/15/2016: JOINT LIST OF EXHIBITS
3/15/2016: JOINT STATEMENT OF FACTS
8/17/2016: EX PARTE APPLICATION TO CONTINUE F.S.C. & TRIAL; DECLARATION OF MAC E. NEHORAY; MEMORANDUM OF POINTS AND AUTHORITIES.
9/13/2016: DEFENDANT'S MOTION IN LIMINE #1 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY
9/22/2016: Minute Order -
9/22/2016: SUPPLEMENTAL JOINT EXHIBIT LIST
9/23/2016: OPPOSITION TO DEFENDANT'S MOTION IN LIMINE #2 TO EXCLUDE PLAINTIFF'S TREATING PHYSICIAN/NON-RETAINED EXPERT AND HIS REPORTS
9/23/2016: OPPOSITION TO DEFENDANT'S MOTION IN LIMINE #1 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY
9/30/2016: NOTICE OF CHANGE OF HANDLING ATTORNEY
DocketSubstitution of Attorney; Filed by GUY HART (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error)Read MoreRead Less
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Rescheduled by CourtRead MoreRead Less
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion to Amend Judgment - HeldRead MoreRead Less
DocketMinute Order ( (Hearing on Motion to Amend Judgment)); Filed by ClerkRead MoreRead Less
DocketMotion to Amend Judgment; Filed by GUY HART (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion to Amend JudgmentRead MoreRead Less
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Clerical ErrorRead MoreRead Less
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Continued - Court's MotionRead MoreRead Less
Docketat 08:30 AM in Department B, Paul A. Bacigalupo, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketDemand for Jury Trial; Filed by Defendant/RespondentRead MoreRead Less
DocketDEMAND FOR JURY TRIALRead MoreRead Less
DocketProof-Service/Summons; Filed by Attorney for Plaintiff/PetitionerRead MoreRead Less
DocketProof-Service/Summons; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketPROOF OF SERVICE ON SUMANT PATEL; DECLARATION RE DUE DILIGENCE; PROOF OF SERVICE BY MAILRead MoreRead Less
DocketCOMPLAINT FOR PERSONAL INJURIES AND DAMAGESRead MoreRead Less
DocketComplaintRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by GUY HART (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by GUY HART (Plaintiff)Read MoreRead Less
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.
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.
Plaintiff Guy Hart’s Motion to Amend Judgment is GRANTED, in part.
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.
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