Does an amendment to a judgment to correct a clerical error leave the original judgment otherwise effective and unimpaired?

California, United States of America


The following excerpt is from O'Connor v. Skelton, 15 Cal.Rptr. 894, 195 Cal.App.2d 612 (Cal. App. 1961):

It is true that an amendment to correct a clerical error leaves the original judgment otherwise effective and unimpaired and such an amendment does not operate as a new judgment or decree from which a new appeal may be taken and does not ordinarily lengthen the time for appeal. McConville v. Superior Court, 78 Cal.App. 203, 248 P. 553. However, the error here referred to was not a clerical error but involves a change which materially affects the judgment and the rights of the parties against whom it is rendered and involves the exercise of judicial discretion amounting to a new judgment.

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