I am currently dealing with a Motion 473 Nunc Pro Tunc, that only amends the current Court Order with new info, and corrects errors in the "recitals", but does NOT affect the final ruling in the Order, which was in our favor. This would help us with filing new claims against a 3rd party that was not a defendant under this particular case, since the 3rd party could dispute introduced info that was either not included or was incorrectly stated in the current order . How can this be done successfully, when it's not "technically" based on Court Clerk Error, but "Surprise and neglect" on our end, and what laws can strongly support such a Motion, where a court feels it has the power to grant it? I have only been able to find case-law examples where an ruling or order could be affected.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
I am not clear how the ruling in this action (to which the third party is a stranger) can have binding effect in a separate action you wish to bring against the third party? At any rate, I suggest you read over the relevant practice guides on how to properly bring a motion for a nunc pro tunc order, and the relevant case law such as Mather v. Mather, 22 Cal. 2d 713, 719 (1943). Be sure to consult your own attorney to protect your legal rights.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline