Court Rejects Simple “Clerical” Versus “Judicial” Correction Distinction.
Ellis v. Ellis, Case No, B248860 (2d Dist., Div. 4 April 2, 2015) (published) is a decision of interest to appellate practitioners and family law practitioners as far as when to appeal from certain judgments (including ones involving attorney’s fees), especially when they are modified or corrected.
In a word, Ellis determined that there must be a “substantial modification” of a prior judgment in order to restart the time for perfecting an appeal. It rejected the reasoning of other courts that simply labeling a change as “judicial” versus “clerical” would determine whether “substantial modification” was effectuated.