Legal Question in Civil Litigation in California

My ex wife imposed and order of protection against me which the court granted for one year. I recently contacted her after I thought the order is not in effect anymore only to discover that the order is still in effect since the clerk entered it as three years instead of one. I have the transcript proving the judge said only one year. Can I file a motion to fix this 18 months after the case has been closed? Is there a time limit on fixing clerical errors on judgments in California for a civil case like this


Asked on 2/25/14, 1:33 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You can file a motion to have the judgment amended to correct the clerical error. That type of motion is governed by Code of Civil Procedure section 473, subdivision (d), which does not contain a time limitation.

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Answered on 2/25/14, 5:27 am
Edward Hoffman Law Offices of Edward A. Hoffman

When the written order conflicts with the judge's oral pronouncements from the bench, then the oral pronouncements control. (The opposite is usually true in California criminal cases, since written orders in those cases are usually typed up by the clerk and not scrutinized or signed by the judge.)

But transcripts sometimes contain errors. It's possible that the judge really did say three years. Were you in court at the time to hear what she said? If the written order reflects what the judge actually said but the transcript does not, then the transcript won't trump the order.

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Answered on 2/25/14, 12:05 pm
Edward Hoffman Law Offices of Edward A. Hoffman

My prior answer is not correct. When the written order conflicts with the judge's oral pronouncements from the bench, the written order controls. (The opposite is true in criminal cases, where the oral pronouncements control over a written order unless the order was signed by the judge.)

If the written order is ambiguous, then the transcript may help clarify what the judge intended. But if the order is clear, then it stands as written regardless of what the transcript says.

I'm sorry if my error caused any confusion.

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Answered on 2/28/14, 10:02 am


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