No Prejudice or Misidentification Found to Opposite Side through Clerical Error.
Plaintiff in Pladott v. Garbell, Case No. B247876 (2d Dist., Div. 5 June 11, 2014) (unpublished) appealed a denial of a motion to strike a costs memorandum filed against him by the defense. The facts were that the defense timely filed the cost memorandum, but mistakenly listed the case as a related case rather than the really correct case number. The lower court denied plaintiff’s motion to strike the costs memorandum and found it was timely filed.
The appellate court affirmed. The wrong case number did not render the costs memorandum ineffective, because (1) the defense filed an errata prior to the filing and hearing on the motion to strike, and (2) the lower court accepted the errata because the costs memorandum was timely filed. Because plaintiff could not demonstrate any prejudice based on the “minor clerical error,” the denial of the motion to strike the costs memorandum was sustained. See D’Avola v. Anderson, 47 Cal.App.4th 358, 362 (1996) (notice of appeal valid even though listed wrong trial court number).