This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 10:10:38 (UTC).

BRUCE A UNRUH VS TOOLS OF THE TRADE CONSTRUCTION INC ET AL

Case Summary

On 01/30/2018 BRUCE A UNRUH filed a Contract - Other Contract lawsuit against TOOLS OF THE TRADE CONSTRUCTION INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM and ROBERT B. BROADBELT. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2304

  • Filing Date:

    01/30/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOWARD L. HALM

ROBERT B. BROADBELT

 

Party Details

Plaintiff and Petitioner

UNRUH BRUCE A.

Defendants and Respondents

TOVAR RICHARD

TOOLS OF THE TRADE CONSTRUCTION INC

DOES 1 TO 10

AMERICAN CONTRACTOR'S INDEMNITY CO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BELSHAW JAY S. ESQ.

BELSHAW JAY SAMUEL ESQ.

Defendant and Respondent Attorneys

BUCHANAN NATASHA K.

DANIEL A. BRODNAX

BRODNAX DANIEL A

 

Court Documents

Abstract of Judgment - Civil and Small Claims

7/24/2019: Abstract of Judgment - Civil and Small Claims

DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CML

8/2/2018: DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CML

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

8/2/2018: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CIVIL

8/2/2018: DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED AS COUNSEL?CIVIL

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COIJNSEL?CIVIL

8/2/2018: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COIJNSEL?CIVIL

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

9/4/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

Minute Order

9/6/2018: Minute Order

ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL?CIVIL

9/6/2018: ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL?CIVIL

ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL?CIVIL

9/7/2018: ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL?CIVIL

NOTICE OF CASE REASSIGNMENT

9/12/2018: NOTICE OF CASE REASSIGNMENT

NOTICE OF ENTRY OF ORDERS GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

9/13/2018: NOTICE OF ENTRY OF ORDERS GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

NOTICE OF RULING ON MOTIONS TO BE RELIEVED AS COUNSEL FOR DEFENDANTS TOOLS OF THE TRADE CONSTRUCTION, INC. AND RICHARD TOVAR

9/20/2018: NOTICE OF RULING ON MOTIONS TO BE RELIEVED AS COUNSEL FOR DEFENDANTS TOOLS OF THE TRADE CONSTRUCTION, INC. AND RICHARD TOVAR

Request for Entry of Default / Judgment

10/24/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

11/7/2018: Notice of Rejection Default/Clerk's Judgment

Summons

11/19/2018: Summons

Proof of Service by Mail

12/31/2018: Proof of Service by Mail

Proof of Service by Mail

12/31/2018: Proof of Service by Mail

Declaration

12/31/2018: Declaration

31 More Documents Available

 

Docket Entries

  • 07/24/2019
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Bruce A. Unruh (Plaintiff)

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  • 06/25/2019
  • DocketNotice (OF ENTRY OF JUDGMENT); Filed by Bruce A. Unruh (Plaintiff)

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  • 05/29/2019
  • Docketat 09:30 AM in Department 53, Robert B. Broadbelt, Presiding; Trial - Not Held - Advanced and Vacated

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  • 05/17/2019
  • Docketat 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 05/17/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/16/2019
  • DocketDefault Judgment (By Court); Filed by Bruce A. Unruh (Plaintiff)

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  • 05/07/2019
  • DocketRequest for Dismissal; Filed by Bruce A. Unruh (Plaintiff)

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  • 05/07/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Bruce A. Unruh (Plaintiff)

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  • 05/07/2019
  • DocketSupplemental Declaration (Declaration of Bruce Unruh in Support of default Judgment); Filed by Bruce A. Unruh (Plaintiff)

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  • 03/04/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Bruce A. Unruh (Plaintiff)

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58 More Docket Entries
  • 02/14/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Bruce A. Unruh (Plaintiff)

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  • 02/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/05/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/05/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 02/05/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/05/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/30/2018
  • DocketCOMPLAINT-CONTRACT

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  • 01/30/2018
  • DocketComplaint; Filed by Bruce A. Unruh (Plaintiff)

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  • 01/30/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC692304    Hearing Date: August 24, 2020    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

bruce a. unruh ,

Plaintiff,

vs.

tools of the trade construction inc. , et al.,

Defendants.

Case No.:

BC692304

Hearing Date:

August 24, 2020

Time:

10:00 a.m.

[Tentative] Order RE:

motion for correction of name of judgment debtor

MOVING PARTY: Plaintiff Bruce A. Unruh

RESPONDING PARTY: n/a

Motion for Correction of Name of Judgment Debtor

The court considered the moving papers. No opposition was filed.

Background

Plaintiff Bruce A. Unruh (“Plaintiff”) filed this action on January 30, 2018, against defendants Tools of the Trade Construction Inc., American Contractor’s Indemnity Co., and Richard Tovar. On May 16, 2019, the court entered judgment by default against defendants “Tools of the Trade Inc.” and Richard Tovar.

Plaintiff now moves for an order correcting the name of the judgment debtor, Tools of the Trade Construction Inc., pursuant to Code of Civil Procedure section 473, subdivision (d). No opposition was filed.

DISCUSSION

Code of Civil Procedure section 473, subdivision (d) provides, in relevant part: “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 . . . .” “‘A court of general jurisdiction has the power, after final judgment, and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel or the court itself, so that the records will conform to and speak the truth. [Citations.]’ [Citation.] This inherent power is confirmed by statute.” (Ames v. Paley (2001) 89 Cal.App.4th 668, 672.)

In support of his motion, Plaintiff has submitted the Declaration of Jay S. Belshaw, counsel for Plaintiff. In his declaration, Belshaw states that, in May 2019, he prepared and submitted to the court a proposed judgment by default on Judicial Council form JUD-100 against defendant Tools of the Trade Construction Inc. (Belshaw Decl., ¶ 3.) Belshaw states that he mistakenly omitted the word “Construction” from the full name of judgment debtor Tools of the Trade Construction Inc. (Ibid.) Belshaw states that he subsequently submitted the judgment to the State Contractors Licensing Board, but that the State Contractors Licensing Board responded by requesting an amended judgment. (Belshaw Decl., ¶ 4, Ex. B.)

The court finds that entry of the default judgment with the incorrect name of the judgment debtor was inadvertent, and that this is a clerical error that can be corrected under Code of Civil Procedure section 473, subdivision (d). Where “clerical error” is shown, the judgment is corrected nunc pro tunc; i.e., the correction dates back to when the judgment was entered. (Ames, supra, at p. 673; Bell v. Farmers Ins. Exch. (2006) 135 Cal.App.4th 1138, 1144.)

ORDER

For the reasons set forth above, the court grants plaintiff Bruce A. Unruh’s motion to correct the name of judgment debtor Tools of the Trade Construction Inc.

The court orders that the judgment entered on May 16, 2019 against “Tools of the Trade Inc.” on Judicial Council form JUD-100 is amended nunc pro tunc to state the full name of judgment debtor Tools of the Trade Construction Inc. in section 5 of the judgment.

The court will sign and file the proposed Corrected Judgment (as modified by the court) that has been lodged by Plaintiff.

The court orders plaintiff Bruce A. Unruh to give notice of this order and of entry of the Corrected Judgment.

IT IS SO ORDERED.

DATED: August 24, 2020

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court

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