Lang v. Superior Court

COUGHLIN, J.

This is an application for a writ of review or of prohibition; grows out of the facts partially set forth in the case of

Edwards

v.

Lang, ante,

p. 5 [18 Cal.Rptr. 60] 4th Civ. No. 6345, decided by this court this day, in which the petitioners herein were appellants; stems from the action of the trial court amending a judgment in a foreclosure case

nunc pro tunc

after an appeal had been taken therefrom, and its entry of a deficiency judgment after foreclosure sale; and seeks to prohibit the trial court from taking any further proceedings in the cause.

The judgment in question, which has been affirmed, decreed recovery from the defendants of a debt evidenced by a promissory note in favor of the plaintiff; ordered foreclosure of a chattel mortgage securing the same; and directed further proceedings respecting entry of a deficiency against the defendants in the event the foreclosure action did not satisfy the debt. After the appeal from this judgment had been perfected, the plaintiff in that action, who was the respondent on appeal, moved the trial court to correct the same by an amendment which would supply numerical figures omitted from blank spaces provided therefor, and which would add a provision expressly complying with the requirement of section 726 of the Code of Civil Procedure by stating that the, defendants, naming them, were personally liable for the debt secured by the mortgage, stating its amount, and for the full recovery of which a deficiency judgment might be entered. The motion to amend was made upon notice to the defendants; was based upon the ground that the omissions in question constituted clerical errors; and, after hearing, was granted. Thereupon an amended judgment containing the subject corrections was entered

nunc pro tunc

as of the date of the original entered judgment. The failure to fill in the blank spaces in the judgment which provided a place wherein, by computation, the total of the amounts unpaid from the defendants to the plaintiff, including principal, interest, attorney’s

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