What is the test for correcting a clerical error in an order of guardianship made by the probate court?

California, United States of America


The following excerpt is from Audrey H. v. Candice H. (In re Sebastian R.), A132981 (Cal. App. 2013):

"A trial court may correct a clerical error, but not a judicial error, at any time. A clerical error is one that is made in recording the judgment; a judicial error is one that is made in rendering the judgment." (People v. Turrin (2009) 176 Cal.App.4th 1200, 1205.) The error may be corrected with a nunc pro tunc order. (Estate of Eckstrom (1960) 54 Cal.2d 540, 544.) " ' " 'The function of a nunc pro tunc order is merely to correct the record of the judgment and not to alter the judgment actually renderednot to make an order now for then, but to enter now for then an order previously made.' " ' " (In re Marriage of Padgett, supra, 172 Cal.App.4th at p. 852.)

The orders of guardianship should thus be corrected to include the visitation ordered by the probate court.

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