Young

Young v. Gardner-Denver Co.

Good Law
1966 Cal. App. LEXIS 1641·244 Cal. App. 2d 915·53 Cal. Rptr. 522
Court of Appeal of CaliforniaSeptember 16, 1966Civ. 11179California967 words

Opinion

Opinion

Regan, J.

Plaintiff appeals from an order denying his motion (1) to expunge the judgment entered on October 1, 1964; (2) to enter judgment nunc pro tunc on the date of September 25, 1964; (3) to correct nunc pro tunc the order granting the motion for a stay of judgment; and (4) to vacate the “void" order granting defendants’ motion for new trial.

We have reviewed the record. That portion of Appellant’s Opening Brief entitled “Facts" appearing at pages 2, 3 and 4 of that brief, and that portion of Bespondents’ Beply Brief entitled “Pacts” appearing at pages 2 and 3 of that brief accurately summarize the factual situation and are adopted as a statement of facts for the purpose of this opinion.

The appellant sets forth the facts as follows:

The respondent adds the following in his statement of facts:

The effect of the entry of judgment nunc pro tunc would be to render void the trial court’s order granting defendant’s motion for a new trial. (Code Civ. Proc., § 660.)

Plaintiff’s contention, in effect, is that the court abused its discretion in denying his motion for entry of judgment nunc pro tunc in order to correct a clerical error.

The general rule is that “courts have inherent power…

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