September 21, 2022

Estate of Douglas

California Lawyers Association Trusts and Estates Section
Jaime B. Herren

Private Wealth Services attorney Jaime Herren published a summary of a judgment that was corrected nunc pro tunc to state the judgment debtor's correct representative capacity for the California Lawyers Association Trusts and Estates Section. In 2008, a judgment identifying an individual as a judgment debtor in her capacity as administrator to an estate was entered. In 2015, a law firm applied to the clerk to renew the judgment but inadvertently omitted the judgment debtor's capacity as administrator. Later, after the judgment was renewed, the law firm filed a motion to correct the error. The motion was opposed on the grounds that the error was by counsel, not the court, but the trial court granted the motion and amended the judgment. The trial court's decision was upheld upon appeal, with the appellate court finding the error was clerical, not judicial, in nature.

READ: Estate of Douglas

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