correction of a clerical error (California) · Go Syfert
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correction of a clerical error in California

22 California opinions name it 2 courts 1946–2025 6 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Craven v. Croutgreen
calctapp · 1985 · cited in 2 California opinions naming this issue, 1995–1995
2 sentences

1995(Cf. Craven v. Croat (1985) 163 Cal.App.3d 779, 783 [ 209 Cal.Rptr. 649 ] [trial court lacked jurisdiction to order periodic payments after judgment awarding lump-sum payment became final].) The time has long passed for a motion under Code of Civil Procedure section 473, and the proposed modification cannot be justified as the correction of a clerical error in the judgment.

1995(Cf. Craven v. Croat (1985) 163 Cal.App.3d 779, 783 [ 209 Cal.Rptr. 649 ] [trial court lacked jurisdiction to order periodic payments after judgment awarding lump-sum payment became final].) The time has long passed for a motion under Code of Civil Procedure section 473, and the proposed modification cannot be justified as the correction of a clerical error in the judgment.

22
People v. Rowlandgreen
calctapp · 1988 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2 [court’s oral pronouncement controls over clerk’s minute order]; People v. Mitchell (2001) 26 Cal.4th 181 , 186–187 [appellate court may order correction of clerical errors]; People v. Rowland (1988) 206 Cal.App.3d 119, 123 [reviewing court has authority to correct clerical errors in minute order and abstract of judgment].) We accordingly direct correction of the abstract of judgment in this respect in our disposition.

11
Nathanson v. Murphygreen
calctapp · 1957 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(Nathanson v. Murphy (1957) 147 Cal.App.2d 462, 470 [court can correct clerical error where the order “did not correctly state what the judge had expressed as his intent”].) 10 Finally, Steven’s reliance on Family Code section 2346 is misplaced as that statute is limited to entering a judgment when the judgment was not timely filed due to inadvertence.

11
People v. Farellgreen
cal · 2002 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2 [court’s oral pronouncement controls over clerk’s minute order]; People v. Mitchell (2001) 26 Cal.4th 181 , 186–187 [appellate court may order correction of clerical errors]; People v. Rowland (1988) 206 Cal.App.3d 119, 123 [reviewing court has authority to correct clerical errors in minute order and abstract of judgment].) We accordingly direct correction of the abstract of judgment in this respect in our disposition.

11
Greenspan v. LADT LLCgreen
calctapp · 2010 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(See Epley v. Califro (1958) 49 Cal.2d 849 , 854 7 [order setting aside a dismissal was not a correction for inadvertence or clerical error, but rather “a new decision after reconsideration of the facts and the applicable legal principles”]; Danko v. O’Reilly (2014) 232 Cal.App.4th 732, 736 [“‘“The decision to grant an amendment”’” to add a judgment debtor under an alter ego theory “‘“lies in the sound discretion of the trial court.”’”]; Greenspan v. LADT LLC (2010) 191 Cal.App.4th 486, 508 [same]; see also Favila v. Pasquarella, supra, 65 Cal.App.5th at p. 947 [stating the requirements for ad

11
Danko v. O'Reilly CA1/2green
calctapp · 2014 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(See Epley v. Califro (1958) 49 Cal.2d 849 , 854 7 [order setting aside a dismissal was not a correction for inadvertence or clerical error, but rather “a new decision after reconsideration of the facts and the applicable legal principles”]; Danko v. O’Reilly (2014) 232 Cal.App.4th 732, 736 [“‘“The decision to grant an amendment”’” to add a judgment debtor under an alter ego theory “‘“lies in the sound discretion of the trial court.”’”]; Greenspan v. LADT LLC (2010) 191 Cal.App.4th 486, 508 [same]; see also Favila v. Pasquarella, supra, 65 Cal.App.5th at p. 947 [stating the requirements for ad

11
Hennefer v. Butchergreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013"A 12 court of general jurisdiction has power after judgment, pending an appeal and even after affirmance of the judgment on appeal, and regardless of lapse of time, to correct clerical errors whether made by the court, clerk or counsel so that its records will conform to and speak the truth." (Hennefer v. Butcher (1986) 182 Cal.App.3d 492, 506 (Hennefer).) Here, the trial court's amendment to the judgment constituted the correction of a clerical error under Code of Civil Procedure section 473, subdivision (d). " ' "The term 'clerical error' covers all errors, mistakes, or omissions which are

11
In Re Marilyn Hgreen
cal · 1993 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006We examine these arguments, bearing in mind that “[t]he objective of the dependency scheme is to protect abused or neglected children and those at substantial risk thereof and to provide permanent, stable homes if those children cannot be returned home within a prescribed period of time. [Citations.]” (In re Marilyn H. (1993) 5 Cal.4th 295, 307 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ] (Marilyn H.).) B.

2006We examine these arguments, bearing in mind that “[t]he objective of the dependency scheme is to protect abused or neglected children and those at substantial risk thereof and to provide permanent, stable homes if those children cannot be returned home within a prescribed period of time. [Citations.]” (In re Marilyn H. (1993) 5 Cal.4th 295, 307 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ] (Marilyn H.).) B.

11
Hess v. Grossgreen
calctapp · 1943 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Citing Hess v. Gross (1943) 56 Cal.App.2d 529, 532 [ 133 P.2d 1 ] and Smith v. Superior Court (1981) 115 Cal.App.3d 285 [ 171 Cal.Rptr. 387 ], Nickolas argues that the juvenile court did not have authority to modify the disposition order because the modification did not constitute the correction of a clerical error, and seriously prejudiced his constitutional interests in family reunification.

2006Citing Hess v. Gross (1943) 56 Cal.App.2d 529, 532 [ 133 P.2d 1 ] and Smith v. Superior Court (1981) 115 Cal.App.3d 285 [ 171 Cal.Rptr. 387 ], Nickolas argues that the juvenile court did not have authority to modify the disposition order because the modification did not constitute the correction of a clerical error, and seriously prejudiced his constitutional interests in family reunification.

11
Careaga v. Careagagreen
cal · 1964 · cited in 1 California opinions naming this issue, 1978–1978
2 sentences

1978The function of an order correcting clerical error “ ‘is merely to correct the record of the judgment and not to alter the judgment actually rendered.’ ” (Estate of Careaga (1964) 61 Cal.2d 471, 474 [ 39 Cal.Rptr. 215 , 393 P.2d 415 ].) A judgment was properly sought and obtained against Dr. Abarbanel, as the surgeon who had damaged the plaintiffs.

1978The function of an order correcting clerical error “ ‘is merely to correct the record of the judgment and not to alter the judgment actually rendered.’ ” (Estate of Careaga (1964) 61 Cal.2d 471, 474 [ 39 Cal.Rptr. 215 , 393 P.2d 415 ].) A judgment was properly sought and obtained against Dr. Abarbanel, as the surgeon who had damaged the plaintiffs.

11
Ottosen v. Lilleygreen
calctapp · 1959 · cited in 1 California opinions naming this issue, 1961–1961
2 sentences

1961(Cf. Estate of Lilley, 169 Cal.App.2d 540, 542 [ 337 P.2d 585 ]; Mills Sales Co. v. Gonzales, 146 Cal.App.2d Supp. 899 [ 304 P.2d 274 ].) But even if it be assumed that the order presently before this court for review has the effect of eliminating the language originally incorporated by reference in the order of January 15, 1959, on the ground that such incorporation was due to clerical error, there is then presented the question of the propriety of making such correction.

1961(Cf. Estate of Lilley, 169 Cal.App.2d 540, 542 [ 337 P.2d 585 ]; Mills Sales Co. v. Gonzales, 146 Cal.App.2d Supp. 899 [ 304 P.2d 274 ].) But even if it be assumed that the order presently before this court for review has the effect of eliminating the language originally incorporated by reference in the order of January 15, 1959, on the ground that such incorporation was due to clerical error, there is then presented the question of the propriety of making such correction.

11
Kohlstedt v. Hauseurgreen
calctapp · 1937 · cited in 1 California opinions naming this issue, 1946–1946
2 sentences

1946(Kohlstedt v. Hauseur, 24 Cal.App.2d 60, 61, 62 [ 74 P.2d 314 ].) The amendment herein was a correction of a clerical error, and said amendment was made properly.

1946(Kohlstedt v. Hauseur, 24 Cal.App.2d 60, 61, 62 [ 74 P.2d 314 ].) The amendment herein was a correction of a clerical error, and said amendment was made properly.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
People v. Mitchell green
cal · 2001
2 sentences

2024(People v. Mitchell (2001) 26 Cal.4th 181 , 186–187 [appellate court may order the correction of a clerical error in abstract of judgment without a request from either party].) The December 4, 2023, 6 We observe that Lomack voluntarily participated in alcohol abuse treatment.

2023(People v. Mitchell (2001) 26 Cal.4th 181 , 186–187 [appellate court may order the correction of a clerical error in abstract of judgment without a request from either party].) The trial court is directed to send a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.

42016–2025
People v. Wende green
cal · 1979
2 sentences

2021As we will explain, pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record and determined that there is no arguable issue on appeal other than the correction of a clerical error in the clerk’s sentencing minutes.

2021As we will explain, pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record and determined that there is no arguable issue on appeal other than the correction of a clerical error in the clerk’s sentencing minutes.

22020–2021
People v. Kelly green
cal · 2006
2 sentences

2021As we will explain, pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record and determined that there is no arguable issue on appeal other than the correction of a clerical error in the clerk’s sentencing minutes.

2020Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 , we have reviewed the whole record and have concluded there is no arguable issue on appeal other than the correction of a clerical error in the abstract of judgment.

22020–2021
People v. Mathews neutral
calctapp5d · 2017
2 sentences

2018This court ordered the correction of a clerical error but otherwise affirmed the judgment on October 25, 2017. ( People v. Mathews (2017) 16 Cal.App.5th 601 , 224 Cal.Rptr.3d 469 .) In December 2017, Mathews filed a petition for review in the California Supreme Court, contending that the matter should be remanded to the trial court in light of S.B. 620 (Stats. 2017, ch. 682).

2018This court ordered the correction of a clerical error but otherwise affirmed the judgment on October 25, 2017. ( People v. Mathews (2017) 16 Cal.App.5th 601 , 224 Cal.Rptr.3d 469 .) In December 2017, Mathews filed a petition for review in the California Supreme Court, contending that the matter should be remanded to the trial court in light of S.B. 620 (Stats. 2017, ch. 682).

22018–2018
Drinkhouse v. Van Ness green
cal · 1927
2 sentences

1963Having once made its decision after regular submission, the court had no power to amend for judicial error (Drinkhouse v. Van Ness, 202 Cal. 359 [ 260 P. 869 ]).

1963Having once made its decision after regular submission, the court had no power to amend for judicial error (Drinkhouse v. Van Ness, 202 Cal. 359 [ 260 P. 869 ]).

21963–1963
Epley v. Califro green
cal · 1958
1 sentence

2021(See Epley v. Califro (1958) 49 Cal.2d 849 , 854 7 [order setting aside a dismissal was not a correction for inadvertence or clerical error, but rather “a new decision after reconsideration of the facts and the applicable legal principles”]; Danko v. O’Reilly (2014) 232 Cal.App.4th 732, 736 [“‘“The decision to grant an amendment”’” to add a judgment debtor under an alter ego theory “‘“lies in the sound discretion of the trial court.”’”]; Greenspan v. LADT LLC (2010) 191 Cal.App.4th 486, 508 [same]; see also Favila v. Pasquarella, supra, 65 Cal.App.5th at p. 947 [stating the requirements for ad

12021–2021
Bowden v. Green green
calctapp · 1982
1 sentence

2018"The court: It will be taken out of the equalization payment." Moreover, the trial court's granting of the request to correct the original judgment and its statement, "I know what I was indicating," supports our conclusion that the trial court's amended judgment constituted the correction of a clerical error. ( Bowden, supra, 128 Cal.App.3d at pp. 71–72 [in determining whether error is clerical, "the best evidence is the judge's own statement, either express or implied from the order of correction"].) 45 Accordingly, we conclude that the trial court did not exceed its jurisdiction in entering

12018–2018
Smith v. Superior Court green
calctapp · 1981
2 sentences

2006Citing Hess v. Gross (1943) 56 Cal.App.2d 529, 532 [ 133 P.2d 1 ] and Smith v. Superior Court (1981) 115 Cal.App.3d 285 [ 171 Cal.Rptr. 387 ], Nickolas argues that the juvenile court did not have authority to modify the disposition order because the modification did not constitute the correction of a clerical error, and seriously prejudiced his constitutional interests in family reunification.

2006Citing Hess v. Gross (1943) 56 Cal.App.2d 529, 532 [ 133 P.2d 1 ] and Smith v. Superior Court (1981) 115 Cal.App.3d 285 [ 171 Cal.Rptr. 387 ], Nickolas argues that the juvenile court did not have authority to modify the disposition order because the modification did not constitute the correction of a clerical error, and seriously prejudiced his constitutional interests in family reunification.

12006–2006
Mills Sales Co. v. Gonzales green
calctapp · 1956
2 sentences

1961(Cf. Estate of Lilley, 169 Cal.App.2d 540, 542 [ 337 P.2d 585 ]; Mills Sales Co. v. Gonzales, 146 Cal.App.2d Supp. 899 [ 304 P.2d 274 ].) But even if it be assumed that the order presently before this court for review has the effect of eliminating the language originally incorporated by reference in the order of January 15, 1959, on the ground that such incorporation was due to clerical error, there is then presented the question of the propriety of making such correction.

1961(Cf. Estate of Lilley, 169 Cal.App.2d 540, 542 [ 337 P.2d 585 ]; Mills Sales Co. v. Gonzales, 146 Cal.App.2d Supp. 899 [ 304 P.2d 274 ].) But even if it be assumed that the order presently before this court for review has the effect of eliminating the language originally incorporated by reference in the order of January 15, 1959, on the ground that such incorporation was due to clerical error, there is then presented the question of the propriety of making such correction.

11961–1961
Leviston v. Swan neutral
cal · 1867
2 sentences

1961(Leviston v. Swan, supra, 33 Cal. 480, 484 ; Citizens Nat.

1961(Leviston v. Swan, supra, 33 Cal. 480, 484 ; Citizens Nat.

11961–1961
Maxwell v. Perkins green
calctapp · 1953
2 sentences

1959(Egan v. Egan, 90 Cal. 15 [ 27 P. 22 ]; Stevens v. Superior Court, 7 Cal.2d 110 [ 59 P.2d 988 ]; Maxwell v. Perkins, 116 Cal.App.2d 752 [ 255 P.2d 10 ].) On the other hand, if prior to December 17, 1956, the trial judge had reevaluated the evidence and had come to the conclusion that no reconciliation had occurred, as he had the legal right to do, then the December 17, 1956, order was entered “inadvertently” and the correction of December 18, 1956, was the correction of a clerical error.

1959(Egan v. Egan, 90 Cal. 15 [ 27 P. 22 ]; Stevens v. Superior Court, 7 Cal.2d 110 [ 59 P.2d 988 ]; Maxwell v. Perkins, 116 Cal.App.2d 752 [ 255 P.2d 10 ].) On the other hand, if prior to December 17, 1956, the trial judge had reevaluated the evidence and had come to the conclusion that no reconciliation had occurred, as he had the legal right to do, then the December 17, 1956, order was entered “inadvertently” and the correction of December 18, 1956, was the correction of a clerical error.

11959–1959
Stevens v. Superior Court green
cal · 1936
1 sentence

1959(Egan v. Egan, 90 Cal. 15 [ 27 P. 22 ]; Stevens v. Superior Court, 7 Cal.2d 110 [ 59 P.2d 988 ]; Maxwell v. Perkins, 116 Cal.App.2d 752 [ 255 P.2d 10 ].) On the other hand, if prior to December 17, 1956, the trial judge had reevaluated the evidence and had come to the conclusion that no reconciliation had occurred, as he had the legal right to do, then the December 17, 1956, order was entered “inadvertently” and the correction of December 18, 1956, was the correction of a clerical error.

11959–1959
Carter v. Shinsako green
calctapp · 1940
2 sentences

1959(Carter v. Shinsako, 42 Cal.App.2d 9 [ 108 P.2d 27 ].) Thus the question narrows down to this.

1959(Carter v. Shinsako, 42 Cal.App.2d 9 [ 108 P.2d 27 ].) Thus the question narrows down to this.

11959–1959
Egan v. Egan green
· 1891
2 sentences

1959(Egan v. Egan, 90 Cal. 15 [ 27 P. 22 ]; Stevens v. Superior Court, 7 Cal.2d 110 [ 59 P.2d 988 ]; Maxwell v. Perkins, 116 Cal.App.2d 752 [ 255 P.2d 10 ].) On the other hand, if prior to December 17, 1956, the trial judge had reevaluated the evidence and had come to the conclusion that no reconciliation had occurred, as he had the legal right to do, then the December 17, 1956, order was entered “inadvertently” and the correction of December 18, 1956, was the correction of a clerical error.

1959(Egan v. Egan, 90 Cal. 15 [ 27 P. 22 ]; Stevens v. Superior Court, 7 Cal.2d 110 [ 59 P.2d 988 ]; Maxwell v. Perkins, 116 Cal.App.2d 752 [ 255 P.2d 10 ].) On the other hand, if prior to December 17, 1956, the trial judge had reevaluated the evidence and had come to the conclusion that no reconciliation had occurred, as he had the legal right to do, then the December 17, 1956, order was entered “inadvertently” and the correction of December 18, 1956, was the correction of a clerical error.

11959–1959
Hildebrand v. Hall green
cal · 1936
1 sentence

1959(Egan v. Egan, 90 Cal. 15 [ 27 P. 22 ]; Stevens v. Superior Court, 7 Cal.2d 110 [ 59 P.2d 988 ]; Maxwell v. Perkins, 116 Cal.App.2d 752 [ 255 P.2d 10 ].) On the other hand, if prior to December 17, 1956, the trial judge had reevaluated the evidence and had come to the conclusion that no reconciliation had occurred, as he had the legal right to do, then the December 17, 1956, order was entered “inadvertently” and the correction of December 18, 1956, was the correction of a clerical error.

11959–1959

Where else courts name it

CA 22 (1946–2025) TX 15 (1982–2023) OH 11 (2003–2026) AL 8 (1992–2018) UT 6 (2009–2015) VA 6 (1853–2020) FL 5 (1980–2019) NC 5 (2017–2026) AR 4 (1997–2007) LA 4 (1984–2009) TN 3 (1925–1979) MO 3 (1997–2014) NJ 3 (1999–2013) IL 2 (1989–2020) WA 2 (1957–2020) SD 2 (1999–2018) IA 2 (2007–2007) VT 2 (1986–2025) CT 2 (2002–2005) MA 2 (1941–1994)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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