Can a judge set aside a judgment procured as a result of clerical error?

California, United States of America


The following excerpt is from Zisk v. City of Roseville, 127 Cal.Rptr. 896, 56 Cal.App.3d 41 (Cal. App. 1976):

No express statutory authority exists which allows a judge, on the motion of an aggrieved party, To set aside a judgment procured as a result of clerical error. Section 473 of the Code of Civil Procedure states that the court may, on the motion of the injured party or its own motion, Correct clerical mistakes in its judgment or order as entered, so as to conform to the actual judgment or order directed. Considered realistically however, the procedure followed here did not void the judgment but in actuality corrected it. Moreover, the judge's action was proper because a trial court has Inherent power to annul judgments inadvertently or improvidently made. (Bastajian v. Brown, supra, 19 Cal.2d at p. 214, 120 P.2d 9.)

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