What is the effect of a clerical error in a post-judgment order requiring a plaintiff to pay attorney fees and accountant's fees?

California, United States of America


The following excerpt is from Denton v. Denton, 18 Cal.App.3d 708, 96 Cal.Rptr. 136 (Cal. App. 1971):

Under the foregoing circumstances, this court is bound by the trial court's finding that the error was clerical; and being clerical, the error was legally corrected by the post-judgment order. (Cf. Smith v. Smith (1952) 115 Cal.App.2d 92, 99--100, 251 P.2d 720.) The trial court's failure to provide for the contingency in question cannot be characterized as a 'deliberate result of judicial reasoning and determination.' The sentence added, however, appears to have been intended to read and should be construed by this court to mean as if it read: 'In the event the proceeds of such sale are insufficient the respondent (husband) is ordered to pay directly to counsel for plaintiff the Unpaid balance of the attorney's fees and accountant's fees set forth above.' As so construed the order appealed from should be affirmed.

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