Torrance, CA asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California

Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find it mysteriously during his reviewing it before sign. The errors were math and fact errors that the court also can know during the lawsuit proceedings..The fact was Plaintiff already withdraw $10,000 from Defendant bank account last year, but the fact was not calculated in the stipulation. Anyways, Once the judge signed it, nothing cannot be revised permanently? or can Defendant appeal the judge with math and fact errors if Plaintiff doesn't intend to revise it voluntarily?

4 Lawyer Answers

A: If defendant is represented by a lawyer then speak to the lawyer immediately----if no lawyer is involved, then I highly recommend that the defendant immediately contact a lawyer to discuss the specifics of this and determine how to proceed further. Any lawyer will need a copy of the document in question. Good luck.

Adam Stoddard
Adam Stoddard
Answered
  • Santa Clara, CA
  • Licensed in California

A: The stipulation and order can and should be amended. If the plaintiff took $10K from the defendant's bank account, and it was not accounted for in the stipulation/order, it would be prejudicially unfair for the defendant to pay another $10K. Mistakes happen, but it should not cost another party to pay $10K twice. The judge would definitely sign and amended stip/order if it was brought to his/her attention.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: The judge can correct errors in a judgment.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: Someone (your lawyer) has to move to add to the calendar for reevaluation of the computing error....with an Amended Stipulation

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