Legal Question in Business Law in California

Re: Judgement didn't include all defendants. Can I add?

You can contact the court and ask the Judge to Nunc Pro Tunc" correct the judgement.

Joel Selik

800-894-2889

www.4judgementcollection.com

Re: Judgement didn't include all defendants. Can I add?

The underlying question here is whether the judgment accurately reflects the judge's ruling, or whether the judgment contains a clerical error.

A clerical error can be corrected by making application to the court, pointing out that the judgment differs from the judge's decision as reflected in the record, clerk's minutes or any written decision.

Certain other errors, such as a judge's error in interpreting a jury finding, can be corrected by a motion to vacate per Code of Civil Procedure section 663.

If the alleged error was, however, failure of the judge to find liability on the part of some of the defendants, one obvious interpretation is that the law and evidence didn't support a verdict against those defendants, in which case it is necessary to petition for reconsideration or appeal.

There is a short time frame after a decision is entered and served withing which to file a motion for reconsideration, to vacate, or a notice of appeal. Therefore, if the problem is NOT a mere clerical error, you need to act very fast to preserve your rights.

When a judgment is final and you have not appealed or moved to vacate or for reconsideration, there is no further recourse against defendants against whom no judgment was rendered.

You or your attorney should consider filing a notice of appeal to preserve your rights in the event the error is clerical and cannot or is not corrected before it is too late. If the appeal becomes unnecessary, you can withdraw the notice.

Re: Judgement didn't include all defendants. Can I add?

Thank you for your inquiry.

If the judge made a ruling as to the other defendants, and this was a clerical error, you can certainly have the clerk correct it.

If the judge did not include the other defendants in his or her ruling, then you cannot have this amended to include something the judge never discussed.

I hope this helps, but if you need legal assistance, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.