Does a judgment entered by the clerk on his own motion have any effect?

California, United States of America


The following excerpt is from Distefano v. Hall, 218 Cal.App.2d 657, 32 Cal.Rptr. 770 (Cal. App. 1963):

7 This judgment was entered by the clerk on his own motion. He was without authority to enter a judgment at that time because there was equitable issues and the issue of attorneys' fees which the court alone could determine and which had not then been determined. The said judgment was therefore premature and of no effect because the trial of the action had not been concluded. (See Farrell v. City on Ontario, 39 Cal.App. 351, 359, 178 P. 740.)

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