Rochin v. Pat Johnson Manufacturing Co

In Rochin v. Pat Johnson Manufacturing Co. (1998) 67 Cal.App.4th 1228, the jury returned a special verdict allocating damages among the plaintiff, the defendant, and "others." After conferring with counsel, the court deleted the "others" category from the verdict form and sent the jury back to reallocate damages. The jury returned a verdict allocating damages between the plaintiff and the defendant only. Judgment was entered based on that verdict. Subsequently, without notice to the plaintiff, the defendant submitted to the court a proposed amended judgment that reinstated the jury's original allocation of fault, and the court signed it. After the plaintiff's motion to set aside the amended judgment was denied, he filed an action in equity to set it aside. The court stated: "'The general rule is that once a judgment has been entered, the trial court loses its unrestricted power to change that judgment. The court does retain power to correct clerical errors in a judgment which has been entered. However, it may not amend such a judgment to substantially modify it or materially alter the rights of the parties under its authority to correct clerical error.'" (Rochin, supra, 67 Cal.App.4th at p. 1237.) For a limited time after judgment is entered, the court retains jurisdiction to alter the judgment pursuant to various statutes, including section 473. But "defendants and the trial court relied on none of the prescribed statutory means to arrive at the amended judgment. The plaintiff did not even have the opportunity to appear and argue against the amendment of the judgment." (Rochin, at p. 1238.) The amended judgment was entered outside of the statutorily prescribed means, was not entered to correct a clerical error, and was void and subject to attack at any time. (Id. at pp. 1238-1239.)