How to Request that the Judgment Be Corrected or Canceled
If you think the judgment is wrong, and you appeared at the trial, you can ask to fix a clerical error or cancel the judgment because it is legally wrong. Either the plaintiff or the defendant can do this. A clerical error is when there is a mistake that the judge did not mean to make, like spelling a plaintiff’s or defendant’s name wrong. A judgment is incorrect or legally wrong if the judge did not apply the law to the evidence in the right way.
NOTE: If you did not appear at the trial, you must first file a Motion to Vacate Judgment and Declaration (Refer to above "If You Did Not Go To Court").
The request to correct or vacate the judgment must be filed with the court no later than 30 days after the clerk mailed the Notice of Entry of Judgment (SC-130) to the parties. Caution: Filing this form does not extend the deadline to file an appeal.
Use the form called Request to Correct or Cancel Judgment and Answer (SC-108) to point out a clerical error in the judgment or to explain why it is legally wrong. The clerk will mail a copy to the other party. They have at least 10 days to respond to your request.
STAY OF ENFORCEMENT OF JUDGMENT:
The judgment cannot be enforced until the motion is heard or ruled on. This means that the defendant does not have to pay the judgment while the motion is pending.
RULING OR HEARING:
After approximately 15 days, the court will mail you its decision or set a hearing date.