Can I Ask the Court to Correct or Cancel the Judgment?
Either the plaintiff or defendant may ask the judge to correct a clerical error, or to cancel the judgment in their case because of a wrong or incorrect “legal basis for the decision.” (See California Code of Civil Procedure, Section 116.725)
You must file your request (called a “motion” ) within 30 days after the clerk mails you the Notice of Entry of Judgment (Form SC-130).
|If you are claiming that the judge applied the wrong law or interpreted the law wrong then you may want to get a copy of the recording of the hearing to know exactly what the judge said. Ask the court for a recording of the hearing on compact disk. There will be a charge of $25. It usually takes the court about 2 weeks to make a copy and mail it to you.|
Make copies of Form SC-108 – one copy for your files and one copy for each other person or business involved in the case. (The court will keep the original.)
Step 2. File both forms with the court.
Mail or take Form SC-108 and Form SC-108A to the courthouse. A clerk will put the originals in the case file, and stamp the copies. (If you file your papers by mail, include a self-addressed, stamped envelope so the court can mail the copy back to you.)
Step 3. The clerk will send a copy to the other side.
The other side has the opportunity to respond to your request.
The judge will review your request and decide whether or not to cancel or correct the judgment by reading your Form SC-108 and any response the other side made.
The court may hold a hearing on your request. If there is a hearing, be prepared to present your case again at that time.
The court’s decision on your request will be mailed to you on the Order to Correct or Cancel the Judgment, Form SC-108A.
Defendants may file an appeal at the same time, in case his or her request to cancel the judgment is not granted.