Estate of Douglas

DISCUSSION

Appellant contends the trial court erred in granting the motion to correct the clerical error because this was an error made by counsel, not the court. Further, appellant argues there is no evidence how the error occurred, thus the trial court could not correct it as a clerical error. We disagree. I Standard Of Review Appellant first argues the standard of review is de novo because the relevant facts are undisputed, citing Ghirardo v. Antonioli (1994) 8 Cal.4th 791. We do not find this case persuasive. In Ghirardo, our Supreme Court concluded the determination of whether a trial court’s finding a transaction was usurious was subject to de novo review because the facts were undisputed and the question of usury is a mixed question of fact

3 and law. (Id. at pp. 799-800.) This case provides no guidance on the standard of review as to whether a clerical error was properly corrected. Rather the trial court’s rulings on motions under section 473 lie within the sound discretion of the trial court and we will not disturb those rulings absent a showing of clear abuse of discretion. (Conservatorship of Tobias (1989) 208 Cal.App.3d 1031, 1035.)2 II Statutory Process For Renewal…