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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION TO AMEND
JUDGMENT TO CORRECT CLERICAL ERROR
UNDER CODE OF CIVIL PROCEDURE SECTION
473(d); MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
_______________; EXHIBITS
DATE:
TIME:
DEPT:
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Be sure to remove this notice and all other notices before
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using this document.
TO THE ABOVE-ENTITLED COURT, ALL PARTIES HEREIN, AND THEIR
ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT on _____________ at __________ or as soon
thereafter as the matter may be heard, in Department ________ of the above-entitled Court, located at
________________________ , pursuant to California Code of Civil Procedure Section 473(d),
LIST MOVING PARTY SUCH AS PLAINTIFF OR DEFENDANT, will and does move this
court for an order amending nunc pro tunc the judgment entered on ______ in the following manner
and upon the grounds stated herein.
EXAMPLE ONLY IS BELOW. MODIFY TO FIT YOUR PARTICULAR
SITUATION.
1. That portion of the judgment beginning with the words "Defendant" on page __, line
__, and continuing through the words "$___" on page __, line __, which reads as follows: "Defendant
shall pay Plaintiff $______" be amended to read as follows: "Defendant shall pay Plaintiff $____ on
the grounds that Defendant was found liable for an action for LIST TYPE OF CASE SUCH AS
BREACH OF CONTRACT, NEGLIGENCE resulting in $____ of damage to Plaintiff].
2. LIST ANY OTHER REMAINING PORTIONS OF THE JUDGMENT, IF ANY,
WHICH YOU WISH TO BE AMENDED ALONG WITH THE GROUNDS FOR SUCH
AMENDMENT.
This motion is made on the grounds that said clerical error has caused the judgment that was
actually entered to not accurately reflect the outcome indicated when the judgment was originally
declared.
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This motion will be based on this notice and on the memorandum of points and authorities
served and filed herewith, on the declaration of ____________ and exhibits attached thereto, on all
the papers and records of this action and on such other and further oral and/or documentary evidence
as may be presented at the hearing on this motion.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Note that you MUST file and serve this motion at least 16 Court
days before hearing if the motion is personally served on all parties, if
the motion is served by mail you must add five (5) calendar days
additional notice. Court days means Monday through Friday, not
including Court holidays.
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California-Judgment-to-Correct-Clerical-Error
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