Garden Grove Galleria v. Cathay Bank CA4/3
In 2014, judgment was entered in favor of Garden Grove Galleria, LLC (plaintiff) awarding over $11 million in damages against Cathay Bank (defendant) following a jury trial. The judgment provided that plaintiff would also recover “reasonable and necessary costs, in amounts to be determined pursuant to the Code of Civil Procedure, with interest thereon at 10% per annum from _______ until paid.” Both parties appealed the judgment on grounds unrelated to the issue of interest. After those appeals were resolved, and over two years after the judgment had been entered, plaintiff filed a motion under section 473, subdivision (d) of the Code of Civil Procedure seeking to correct what it characterized as a clerical error by inserting the date of the jury’s verdict (August 31, 2012) into the blank line in the judgment. The trial court denied the motion, reasoning that the blank line was the product of judicial action, not clerical action and thus Code of Civil Procedure section 473, su
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