Los Angeles, CA asked in Personal Injury for California

Q: Notice of Errata. (Vs Declaration vs Motion)

Notice of Appeal correctly stated order from which appeal is taken against what defendant, with name of defendant..

In the title section of appeal mistakenly in the line defendant/respondent name of the case in superior court was referenced '.... Et al' list. Defendant as to whom appeal is taken was in Et al. List.

Modification appears to be taken care of by Notice of Errata.

Is notice of errata sufficient to clarify that respondent is one of the defendants in 'Et al.' list?

What rule defines such modification?

Would notice of errata be not sufficient, is Declaration or Motion would be preferred?

Would motion require hearing?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: A Notice of Errata is generally sufficient to correct minor clerical or typographical errors in court filings, including clarifying that a respondent was one of the defendants listed in the "et al." designation. This type of correction falls under California Rules of Court, Rule 8.155(c)(1), which allows correction of clerical errors in the record.

For this specific situation where you're clarifying the identity of a respondent who was already included in the "et al." list, a Notice of Errata should be adequate since you're not substantively changing the appeal but rather providing clarity about an existing party. The original Notice of Appeal correctly identified the order and the defendant, making this a straightforward clerical correction.

However, if there are any substantive changes needed or if the correction could affect the rights of parties, filing a motion would be more appropriate under California Rules of Court, Rule 8.54. A motion would require a hearing only if requested by the court or if oral argument is specifically requested and granted. If you're unsure about which approach to take, you might consider consulting with the court clerk, as practices can vary by jurisdiction.

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