Can a judge enter a nunc pro tunc judgment in the absence of a personal representative?

California, United States of America


The following excerpt is from Shinozuka v. Feng (In re Marriage of Shinozuka), G057139 (Cal. App. 2020):

We need not decide whether the ruling on September 20 was sufficiently final for the entry of a nunc pro tunc judgment in the absence of a personal representative. Even if it was not, the problem is easily remedied. Following the procedure outlined in Mallory, supra, 55 Cal.App.4th at p. 1183, and in Scoville v. Keglor (1938) 27 Cal.App.2d 17, 34, we return the matter to the trial court to comply with the formalities. If a personal representative has not been appointed yet, one must be appointed, and that person must substitute into the family law matter if this has not already occurred. The court may hold a hearing on the appointment and substitution, if necessary, and after these matters have been disposed of, a valid nunc pro tunc judgment may be entered.10

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