4K2D Records v. Jackson CA2/3

DISCUSSION

“The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed . . . .” (Code Civ. Proc., § 473, subd. (d).) However, the court may not “ ‘change an order which has become final even though made in error, if in fact the order made was that intended to be made.’ ” (Bell v. Farmers Ins. Exchange (2006) 135 Cal.App.4th 1138, 1144 (Bell).) “ ‘The test which distinguishes clerical error from possible judicial error is simply whether the challenged portion of the judgment was entered inadvertently (which is clerical error) versus advertently (which might be judicial error, but is not clerical error). [Citation.] Unless the challenged portion of the judgment was entered inadvertently, it cannot be changed post judgment under the guise of correction of clerical error.’ ” (Ibid.) We review the trial court’s ruling on a motion to amend to correct a judgment based on a clerical error for abuse of discretion. (Estate of Douglas (2022) 83 Cal.App.5th 690, 694.)

4K2D argues that the appropriate standard of review is de novo because its appeal requires this…