Tarakjian

Tarakjian v. Krone

Good Law
196 Cal. App. 3d 1243·1987 Cal. App. LEXIS 2415·242 Cal. Rptr. 435
Court of Appeal of CaliforniaDecember 10, 1987No. B023832California1,133 words

Opinion

Lead Opinion

Boren, J.

—Appellant 1 challenges the trial court’s power to amend nunc pro tunc a default judgment entered against him. Appellant claims that the judgment being amended was void because it was rendered during the pendency of his bankruptcy, in violation of the automatic stay provisions of the federal bankruptcy law ( 11 U.S.C.A. § 362 ). From this, appellant concludes that the trial court had no jurisdiction to amend a void order.

Facts

Respondents Garbis Tarakjian and Garbis Jewelers filed their suit for breach of contract, fraud, money and conversion on February 1, 1982, erroneously spelling appellant’s name in the summons and complaint as “Kron.” Appellant does not dispute that the correct spelling of his name is “Krone.” Nor does he dispute that he is in fact the individual respondents meant to sue.

Two years later, in March 1984, George Krone filed for bankruptcy, thereby staying all proceedings against him and his property. Respondents claim that they had no notice of the pendency of appellant’s bankruptcy because they were not listed as creditors in appellant’s bankruptcy petition. 2 Appellant does not dispute that his bankruptcy petition failed to list respondents as…

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