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10 California opinions name it 2 courts 1958–2025 2 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.
| Case | Followed | Cited |
|---|---|---|
Estate of Goldberggreen2 sentences1984“The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]” (Estate of Doane (1964) 62 Cal.2d 68, 71 [ 41 Cal.Rptr. 165 , 396 P.2d 581 ].) A clerical error in a judgment, “ ‘as regards correction, includes one made by the court which cannot reasonably be attributed to exercise of *210 judicial consideration or discretion.’ ” (Estate of Goldberg (1938) 10 Cal.2d 709, 715 [ 76 P.2d 508 ]; Brashear v. Gerbracht, supra, 128 Cal.App.2d 263, 268 1984“The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]” (Estate of Doane (1964) 62 Cal.2d 68, 71 [ 41 Cal.Rptr. 165 , 396 P.2d 581 ].) A clerical error in a judgment, “ ‘as regards correction, includes one made by the court which cannot reasonably be attributed to exercise of *210 judicial consideration or discretion.’ ” (Estate of Goldberg (1938) 10 Cal.2d 709, 715 [ 76 P.2d 508 ]; Brashear v. Gerbracht, supra, 128 Cal.App.2d 263, 268 | 3 | 3 |
Makovsky v. Makovskygreen2 sentences1970(Makovsky v. Makovsky, 158 Cal.App.2d 738, 742 [ 323 P.2d 562 ]; Estate of Sloan, 222 Cal.App.2d 283, 292 [ 35 Cal.Rptr. 167 ].)” (Italics added.) In determining whether an error in an order is clerical or judicial, great weight should be placed on the judge’s declaration as to the nature of the error. 1970(Makovsky v. Makovsky, 158 Cal.App.2d 738, 742 [ 323 P.2d 562 ]; Estate of Sloan, 222 Cal.App.2d 283, 292 [ 35 Cal.Rptr. 167 ].)” (Italics added.) In determining whether an error in an order is clerical or judicial, great weight should be placed on the judge’s declaration as to the nature of the error. | 2 | 2 |
Lámar v. Superior Courtgreen2 sentences1970(LaMar v. Superior Court, supra, 87 Cal. App.2d at p. 130 .) The distinction between a clerical error and a judicial error, however, does not depend so much on the person making it as on whether it was the deliberate result of judicial reasoning and determination. 1966(LaMar v. Superior Court, supra, 87 Cal.App.2d at p. 130 .) The distinction between a clerical error and a judicial error, however, does not depend so much on the person making it as on whether it was the deliberate result of judicial reasoning and determination. | 1 | 3 |
United California Bank v. Woodygreen2 sentences2025The distinction between clerical error and judicial error is ‘whether the error was made in rendering the judgment, or in recording the judgment rendered.’ [Citation.] Any attempt by a court, under the guise of correcting clerical error, to ‘revise its deliberately exercised judicial discretion’ is not permitted.” (In re Candelario (1970) 3 Cal.3d 702, 705 .) “‘The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]’ (Estate of Doane (19 1984“The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]” (Estate of Doane (1964) 62 Cal.2d 68, 71 [ 41 Cal.Rptr. 165 , 396 P.2d 581 ].) A clerical error in a judgment, “ ‘as regards correction, includes one made by the court which cannot reasonably be attributed to exercise of *210 judicial consideration or discretion.’ ” (Estate of Goldberg (1938) 10 Cal.2d 709, 715 [ 76 P.2d 508 ]; Brashear v. Gerbracht, supra, 128 Cal.App.2d 263, 268 | 1 | 2 |
Estate of Sloangreen2 sentences1970(Makovsky v. Makovsky, 158 Cal.App.2d 738, 742 [ 323 P.2d 562 ]; Estate of Sloan, 222 Cal.App.2d 283, 292 [ 35 Cal.Rptr. 167 ].)” (Italics added.) In determining whether an error in an order is clerical or judicial, great weight should be placed on the judge’s declaration as to the nature of the error. 1970(Makovsky v. Makovsky, 158 Cal.App.2d 738, 742 [ 323 P.2d 562 ]; Estate of Sloan, 222 Cal.App.2d 283, 292 [ 35 Cal.Rptr. 167 ].)” (Italics added.) In determining whether an error in an order is clerical or judicial, great weight should be placed on the judge’s declaration as to the nature of the error. | 1 | 2 |
People v. Andersongreen1 sentence2021(See People v. Anderson (1976) 59 Cal.App.3d 831, 839 [“The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination.”].) III DISPOSITION We modify the July 28, 2020 minute order and abstract of judgment to reflect that Fotiou was sentenced to one-third the midterm, or eight months, doubled to 16 months due to the prior strike for count 1, the violation of Vehicle Code section 4463, subdivision (a), and the upper term of four years, doubled to eight years | 1 | 1 |
Bowden v. Greengreen1 sentence1984“The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]” (Estate of Doane (1964) 62 Cal.2d 68, 71 [ 41 Cal.Rptr. 165 , 396 P.2d 581 ].) A clerical error in a judgment, “ ‘as regards correction, includes one made by the court which cannot reasonably be attributed to exercise of *210 judicial consideration or discretion.’ ” (Estate of Goldberg (1938) 10 Cal.2d 709, 715 [ 76 P.2d 508 ]; Brashear v. Gerbracht, supra, 128 Cal.App.2d 263, 268 | 1 | 1 |
Gill v. Epsteingreen2 sentences1976(Gill v. Epstein (1965) 62 Cal.2d 611, 614-615 [ 44 Cal.Rptr. 45 , 401 P.2d 397 ]; People ex rel. 1976(Gill v. Epstein (1965) 62 Cal.2d 611, 614-615 [ 44 Cal.Rptr. 45 , 401 P.2d 397 ]; People ex rel. | 1 | 1 |
Stevens v. Superior Courtgreen1 sentence1964(Estate of Goldberg, 10 Cal.2d 709, 715-716 [4] [ 76 P.2d 508 ]; Stevens v. Superior Court, 7 Cal.2d 110, 112-114 [ 59 P.2d 988 ]; Wilson v. Wilson, 109 Cal.App.2d 673, 674 [1] [ 241 P.2d 281 ].) Applying the foregoing rules to the facts in the instant case, it is apparent that Judge Hansen’s general intent to conform to the terms of the will compels a determination that the error was clerical and not judicial. | 1 | 1 |
Wilson v. Wilsongreen2 sentences1964(Estate of Goldberg, 10 Cal.2d 709, 715-716 [4] [ 76 P.2d 508 ]; Stevens v. Superior Court, 7 Cal.2d 110, 112-114 [ 59 P.2d 988 ]; Wilson v. Wilson, 109 Cal.App.2d 673, 674 [1] [ 241 P.2d 281 ].) Applying the foregoing rules to the facts in the instant case, it is apparent that Judge Hansen’s general intent to conform to the terms of the will compels a determination that the error was clerical and not judicial. 1964(Estate of Goldberg, 10 Cal.2d 709, 715-716 [4] [ 76 P.2d 508 ]; Stevens v. Superior Court, 7 Cal.2d 110, 112-114 [ 59 P.2d 988 ]; Wilson v. Wilson, 109 Cal.App.2d 673, 674 [1] [ 241 P.2d 281 ].) Applying the foregoing rules to the facts in the instant case, it is apparent that Judge Hansen’s general intent to conform to the terms of the will compels a determination that the error was clerical and not judicial. | 1 | 1 |
Bastajian v. Browngreen2 sentences1960(Bastajian v. Brown, 19 Cal.2d 209, 214 [ 120 P.2d 9 ]; Estate of Goldberg, 10 Cal.2d 709, 717 [ 76 P.2d 508 ]; LaMar v. Superior Court, 87 Cal.App.2d 126, 129-130 [ 196 P.2d 98 ], See also 29 California Jurisprudence 2d 13, Judgments, section 99, and cases cited.) The distinction between a clerical error or misprision, which is amendable, and a judicial error, which is not, has been developed in a number of cases. “ Ordinarily, although originally and in its literal significance, a clerical error is one that has been made by a clerk or some subordinate agent, latterly the meaning has been bro 1960(Bastajian v. Brown, 19 Cal.2d 209, 214 [ 120 P.2d 9 ]; Estate of Goldberg, 10 Cal.2d 709, 717 [ 76 P.2d 508 ]; LaMar v. Superior Court, 87 Cal.App.2d 126, 129-130 [ 196 P.2d 98 ], See also 29 California Jurisprudence 2d 13, Judgments, section 99, and cases cited.) The distinction between a clerical error or misprision, which is amendable, and a judicial error, which is not, has been developed in a number of cases. “ Ordinarily, although originally and in its literal significance, a clerical error is one that has been made by a clerk or some subordinate agent, latterly the meaning has been bro | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pettigrew v. Grand Rent-A-Car
green
2 sentences2025The distinction between clerical error and judicial error is ‘whether the error was made in rendering the judgment, or in recording the judgment rendered.’ [Citation.] Any attempt by a court, under the guise of correcting clerical error, to ‘revise its deliberately exercised judicial discretion’ is not permitted.” (In re Candelario (1970) 3 Cal.3d 702, 705 .) “‘The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]’ (Estate of Doane (19 2014The distinction between clerical error and judicial error is “whether the error was made in rendering the judgment, or in recording the judgment rendered.” [Citation.] Any attempt by a court, under the guise of correcting clerical error, to “revise its deliberately exercised judicial discretion” is not permitted. [Citation.]’ [Citation.]” ( Pettigrew, supra, 154 Cal.App.3d at pp. 209-210.) The Pettigrew court further explained: “Witkin has said that the test as to whether an error in a judgment is a clerical or a judicial error ‘is simply whether the challenged judgment was made or entered ina | 2 | 2014–2025 |
In Re Candelario
green
2 sentences2025The distinction between clerical error and judicial error is ‘whether the error was made in rendering the judgment, or in recording the judgment rendered.’ [Citation.] Any attempt by a court, under the guise of correcting clerical error, to ‘revise its deliberately exercised judicial discretion’ is not permitted.” (In re Candelario (1970) 3 Cal.3d 702, 705 .) “‘The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]’ (Estate of Doane (19 1984The distinction between clerical error and judicial error is ‘whether the error was made in rendering the judgment, or in recording the judgment rendered.’ [Citation.] Any attempt by a court, under the guise of correcting clerical error, to ‘revise its deliberately exercised judicial discretion’ is not permitted. [Citation.]” (In re Candelario, supra, 3 Cal.3d 702, 705 .) Witkin has said that the test as to whether an error in a judgment is a clerical or a judicial error “is simply whether the challenged judgment was made or entered inadvertently (clerical error) or advertently (judicial error | 2 | 1984–2025 |
Godfrey v. Steinpress
green
1 sentence1984“The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]” (Estate of Doane (1964) 62 Cal.2d 68, 71 [ 41 Cal.Rptr. 165 , 396 P.2d 581 ].) A clerical error in a judgment, “ ‘as regards correction, includes one made by the court which cannot reasonably be attributed to exercise of *210 judicial consideration or discretion.’ ” (Estate of Goldberg (1938) 10 Cal.2d 709, 715 [ 76 P.2d 508 ]; Brashear v. Gerbracht, supra, 128 Cal.App.2d 263, 268 | 1 | 1984–1984 |
Brashear v. Gerbracht
green
1 sentence1984“The distinction between a clerical error and a judicial error does not depend so much on the person making it as it does on whether it was the deliberate result of judicial reasoning and determination. [Citations.]” (Estate of Doane (1964) 62 Cal.2d 68, 71 [ 41 Cal.Rptr. 165 , 396 P.2d 581 ].) A clerical error in a judgment, “ ‘as regards correction, includes one made by the court which cannot reasonably be attributed to exercise of *210 judicial consideration or discretion.’ ” (Estate of Goldberg (1938) 10 Cal.2d 709, 715 [ 76 P.2d 508 ]; Brashear v. Gerbracht, supra, 128 Cal.App.2d 263, 268 | 1 | 1984–1984 |
Hildebrand v. Hall
green
1 sentence1964(Estate of Goldberg, 10 Cal.2d 709, 715-716 [4] [ 76 P.2d 508 ]; Stevens v. Superior Court, 7 Cal.2d 110, 112-114 [ 59 P.2d 988 ]; Wilson v. Wilson, 109 Cal.App.2d 673, 674 [1] [ 241 P.2d 281 ].) Applying the foregoing rules to the facts in the instant case, it is apparent that Judge Hansen’s general intent to conform to the terms of the will compels a determination that the error was clerical and not judicial. | 1 | 1964–1964 |
George v. Bekins Van & Storage Co.
green
2 sentences1958In so urging, appellant is required to support the proposition that such order was in fact the correction of a judicial error rather than of a clerical one. “ The distinction between a clerical error and a judicial error does not depend so much on the person making it as on whether it was the deliberate result of judicial reasoning and determination. ” (29 Cal.Jur.2d, § 101.) In George v. Bekins Van & Storage Co., 83 Cal.App.2d 478 at page 480-481 [ 189 P.2d 301 ], it is said: “The term ‘clerical error’ covers all errors, mistakes, or omissions which are not the result of the exercise of the j 1958In so urging, appellant is required to support the proposition that such order was in fact the correction of a judicial error rather than of a clerical one. “ The distinction between a clerical error and a judicial error does not depend so much on the person making it as on whether it was the deliberate result of judicial reasoning and determination. ” (29 Cal.Jur.2d, § 101.) In George v. Bekins Van & Storage Co., 83 Cal.App.2d 478 at page 480-481 [ 189 P.2d 301 ], it is said: “The term ‘clerical error’ covers all errors, mistakes, or omissions which are not the result of the exercise of the j | 1 | 1958–1958 |
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.