Macias v. Lange
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
Judgment Creditor filed an ex parte motion to amend a prior order granting an assignment of rents to include missing Assessor's Parcel Numbers required for recordation. The court granted the motion under Federal Rule of Civil Procedure 60(b) and ordered the filing of an amended order.
| What the court decided | The model |
|---|---|
Grant Judgment Creditor's ex parte motion for an amended order“Thus, due to Judgment Creditor’s excusable mistake, the Court GRANTS Judgment Creditor’s ex parte motion for an amended Court order.” | agree with court The court correctly identifies Rule 60(b) as the mechanism for correcting an order due to mistake or inadvertence. The omission of parcel numbers necessary for recordation constitutes a clerical or technical error that does not affect the substantive rights of the parties. Granting the motion to amend the order to include this information is a standard and appropriate exercise of the court's authority to correct its own orders. |
The order itself: sound — The order is procedurally sound. It correctly applies Rule 60(b) to a situation involving a clerical omission (missing parcel numbers) that does not alter the substantive outcome of the prior judgment. The citation to Ninth Circuit authority supports the application of the rule to excusable mistakes. The reasoning is concise but sufficient for a routine administrative correction.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ERIKA MACIAS AND CYNTHIA Case No.: 14cv2763-GPC(JMA) RICH, 12 ORDER GRANTING JUDGMENT Plaintiff, 13 CREDITOR’S EX PARTE MOTION v. FOR AMENDED ORDER RE 14 ASSIGNMENT OF RENTS. MYRON LANGE, 15 Defendant. [Dkt. No. 238.] 16 17 18 19 20 Judgment Creditor filed an ex parte motion to amend the Court’s January 23, 21 2024’s Order Adopting Report and Recommendation Granting Judgment Creditor’s 22 Motion For Assignment of Rents and Restraining Judgment Debtor. (Dkt. No. 253.) 23 Judgment Creditor explains that it learned that the Assessor’s Parcel Numbers for each 24 property needs to be included in the Order for purposes of recordation with the San Diego 25 County Recorder’s Office. Under Federal Rule of Civil Procedure 60(b), the court may 26 provide a party with relief from an order due to “mistake, inadvertence, surprise, or 27 excusable neglect.” Fed. R. Civ. P. 60(b). This rule applies to a party’s excusable 28 mistake. See Fid. Fed. Bank, FSB v. Durga Ma Corp., 387 F.3d 1021, 1024 (9th Cir. 1 2004). Thus, due to Judgment Creditor’s excusable mistake, the Court GRANTS 2 || Judgment Creditor’s ex parte motion for an amended Court order. The Court shall file an 3 || Amended Order Adopting Report and Recommendation to include the Assessor’s Parcel 4 || Numbers. 5 IT IS SO ORDERED. 6 Dated: January 26, 2024 7 Hon. athe Ck 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28