Fixing a clerical error at the trial court level

Now that we've examined judicial errors - the basis for appeals - let's take a look at clerical errors.  One might be tempted to say that clerical errors are made by clerks of the court, but as we can see from the authorities provided below, almost anyone involved in the litigation process can make a clerical error.

As a general principle, the trial courts possess the inherent power to correct clerical errors in their records so that the court’s orders and judgment conform to the truth of the records.  (Rochin v. Pat Johnson Manufacturing Co. (1998) 67 Cal.App.4^th 1228, 1238.)  “A court of general jurisdiction has this inherent power to correct clerical error in its records, whether made by the court, clerk or counsel, at anytime so as to conform its records to the truth.”  (Aspen Internat. Capital Corp. v. Marsch, supra, at p. 1204.)  A clear example of a clerical error occurs when a court clerk fails to perform the ministerial duty of entering a judgment in conformity with the court’s decision.   But, as noted in Aspen, a clerical error can be committed by the court, a clerk, or even counsel.  (Id.) 

The court further noted that “The term ‘clerical error’ covers all errors, mistakes, or omissions which are not the result of the exercise of the judicial function.  If an error, mistake, or omission is the result of inadvertence, but for which a different judgment would have been rendered, the error is clerical and the judgment may be corrected to correspond with what it would have been but for the inadvertence.” (Id.)

If you find that a clerical error has been made, the place to correct it is at the superior court level.  When clients ask me about appealing a judgment, I review the case to determine whether there is anything that can be done at the lower level to fix the problem.  It is quicker, less expensive, and if the trial court understands that an error has been made, it is more effective in fixing the problem.