Krouzian v. Hagopian, 17870
Decision Date | 21 January 1959 |
Docket Number | No. 17870,17870 |
Citation | 167 Cal.App.2d 251,334 P.2d 285 |
Court | California Court of Appeals Court of Appeals |
Parties | K. KROUZIAN, Plaintiff and Appellant, v. Aram L. HAGOPIAN, Administrator of the Estate of Sol Zaven Hagopian, Alias, Deceased, Defendant and Respondent. |
Claude D. Perasso, San Francisco, for appellant.
Gately & Gately, Nubar Tashjian, Ralph Bancroft, San Francisco, for respondent.
Plaintiff appeals from an order denying his motion to vacate a previous judgment and to enter a different judgment.
Question Presented.
Were the previous findings of fact, conclusions of law and judgment signed and entered through the trial court's inadvertence and mistake?
Record.
After a trial on April 26, 1957, the trial judge on May 8 signed findings of fact and conclusions of law, and on May 9 signed and had entered a judgment in favor of plaintiff for $200 (based on plaintiff's second cause of action), in favor of defendant on plaintiff's first cause of action, and granting defendant a nonsuit on plaintiff's third cause of action. Thereafter plaintiff moved to set aside said judgment and to substitute a different judgment therefor on the ground that the findings do not support the judgment, as the findings find in effect that all of the allegations of plaintiff's first and second causes of action are true, yet the conclusions of law and judgment state that defendant is entitled to judgment against plaintiff on the first cause of action. 1 On June 5 2 a minute order signed by the trial judge was entered which stated:
Inadvertence and Mistake.
It is obvious by comparing the findings relating to the first cause of action with the conclusions of law and judgment that a mistake was made in either the findings or the conclusions of law and judgment as to that cause of action. The findings found the facts to be practically as alleged in that cause of action. 3 Thus either the findings on that first cause of action were correct and the conclusions and judgment were wrong, or vice versa. The trial judge said in the minute order that the findings of fact and conclusions of law and judgment were not those expressed by her. It clearly appears that they could not have been as no judge would intentionally sign such contradictory documents. It is well settled that a court has the power, regardless of the lapse of time, to correct judgments and orders on its own motion so as to make them conform to the judicial decision actually made. This power exists independently of statute. Meyer v. Porath, 1952, 113 Cal.App.2d 808, 811, 248 P.2d 984; Culligan v. Leider, 65 Cal.App.2d 51, 149 P.2d 894; Smith v. Smith, 157 Cal.App.2d 658, 661, 321 P.2d 886. Or as stated in Minardi v. Collopy, 1957, 49 Cal.2d 348, 352, 316 P.2d 952, 955: ...
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Nacht v. Nacht
...FRED B. WOOD, JJ., concur. * For another case where the record supported the trial court's declaration of inadvertence see Krouzian v. Hagopian, Cal.App., 334 P.2d 285. ...
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Sloan's Estate, In re
...has inherent power to correct mistakes in its judgments or orders (Estate of Goldberg, 10 Cal.2d 709, 76 P.2d 508; Krouzian v. Hagopian, 167 Cal.App.2d 251, 334 P.2d 285). This power, however, is limited to mistakes which are not the result of an exercise of judicial discretion (Minardi v. ......
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People v. Flores, Cr. 3698
...without notice, and regardless of time elapsed, the court may exercise its power to correct clerical errors. Krouzian v. Hagopian, 1959, 167 Cal.App.2d 251, 253, 334 P.2d 285; Minardi v. Collopy, 1957, 49 Cal.2d 348, 352, 316 P.2d 952. In Tafarella v. Hand, 1959, 185 Kan. 613, 347 P.2d 356,......