1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO AMEND
) JUDGMENT TO CORRECT CLERICAL ERROR
13 vs. ) UNDER CODE OF CIVIL PROCEDURE SECTION
) 473(d); MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 ) AUTHORITIES; DECLARATION OF
) _______________; EXHIBITS
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
17 )
)
18 )
)
19 )

20
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28 Be sure to remove this notice and all other notices before

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 1

2 using this document.

3
TO THE ABOVE-ENTITLED COURT, ALL PARTIES HEREIN, AND THEIR
4
ATTORNEYS OF RECORD:
5

6
PLEASE TAKE NOTICE THAT on _____________ at __________ or as soon

7 thereafter as the matter may be heard, in Department ________ of the above-entitled Court, located at

8 ________________________ , pursuant to California Code of Civil Procedure 473(d),

9
LIST MOVING PARTY SUCH AS PLAINTIFF OR DEFENDANT, will and does move this
10
court for an order amending nunc pro tunc the judgment entered on ______ in the following manner
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and upon the grounds stated herein.
12

13 EXAMPLE ONLY IS BELOW. MODIFY TO FIT YOUR PARTICULAR SITUATION.

14 1. That portion of the judgment beginning with the words "Defendant" on page __, line
15
__, and continuing through the words "$___" on page __, line __, which reads as follows: "Defendant
16
shall pay Plaintiff $______" be amended to read as follows: "Defendant shall pay Plaintiff $____ on
17
the grounds that Defendant was found liable for an action for LIST TYPE OF CASE SUCH AS
18

19 BREACH OF CONTRACT, NEGLIGENCE resulting in $____ of damage to Plaintiff].

20 2. LIST ANY OTHER REMAINING PORTIONS OF THE JUDGMENT, IF ANY,

21
WHICH YOU WISH TO BE AMENDED ALONG WITH THE GROUNDS FOR SUCH
22
AMENDMENT.
23
This motion is made on the grounds that said clerical error has caused the judgment that was
24

25 actually entered to not accurately reflect the outcome indicated when the judgment was originally

26 declared.
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 1 This motion will be based on this notice and on the memorandum of points and authorities
2 served and filed herewith, on the declaration of ____________ and exhibits attached thereto, on all
3
the papers and records of this action and on such other and further oral and/or documentary evidence
4
as may be presented at the hearing on this motion.
5

6 Be sure to modify these paragraphs to suit your individual

7
situation. Do NOT just use the wording here unless it definitely applies
8

9 to your particular situation.

10

11
Dated________________ _______________________________________________
12
ANY ATTORNEY OR PARTY
13

14
Note that you MUST file and serve this motion at least 16 Court
15

16 days before hearing if the motion is personally served on all parties, if

17
the motion is served by mail you must add five (5) calendar days
18

19 additional notice. Court days means Monday through Friday, not

20

21
including Court holidays.
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiff filed suit against Defendants on or about ___________ alleging: Add some brief
5

6
facts regarding the lawsuit such as breach of contract, et. See Plaintiffs complaint on file.

7 Judgment was entered against Defendant on _______________.

8 Plaintiff contends that, pursuant to Code of Civil Procedure 473(d), this court should issue
9
an order amending the judgment entered on ______ nunc pro tunc in the following manner and upon
10
the grounds stated herein.
11
EXAMPLE ONLY IS BELOW. MODIFY TO FIT YOUR PARTICULAR SITUATION.
12

13 1. That portion of the judgment beginning with the words "Defendant" on page __, line

14 __, and continuing through the words "$___" on page __, line __, which reads as follows: "Defendant
15
shall pay Plaintiff $______" be amended to read as follows: "Defendant shall pay Plaintiff $____ on
16
the grounds that Defendant was found liable for an action for LIST TYPE OF CASE SUCH AS
17
BREACH OF CONTRACT, NEGLIGENCE resulting in $____ of damage to Plaintiff].
18

19 2. LIST ANY OTHER REMAINING PORTIONS OF THE JUDGMENT, IF ANY,

20 WHICH YOU WISH TO BE AMENDED ALONG WITH THE GROUNDS FOR SUCH
21
AMENDMENT.
22
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25

26 judgment-in-california-to-correct-clerical-error
27

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