Elmassian v. Flores (2021)

Citation: Elmassian v. Flores (2021)
Parent Document: Elmassian v. Flores (2021)
Jurisdiction: California (state)
Effective Date: 2021-09-27
Original Source: https://www.courtlistener.com/opinion/5291317/elmassian-v-flores/ ↗

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Due to clerical mistake and inadvertence, the modification to this court’s opinion filed
on September 10, 2021, was incomplete, omitting a portion of the modification the court
intended to make to page 24, footnote 19.
        The portion of the order at issue stated as follows.
Page 24, footnote 19, the second sentence in the footnote that reads, “Since Oscar did not have
a relationship with the son that qualifies as one listed under the domestic violence definition in
Family Code section 6211, this incident did not qualify as “domestic violence” under section
1161.3, subdivision (a).”
        The incomplete nature of the order is evident on its face. The omission was the result of
clerical error, which can be corrected nunc pro tunc even though the opinion is now final as to
this court. (See Estate of Eckstrom (1960) 54 Cal.2d 540, 544 [“A court can always correct a
clerical, as distinguished from a judicial error which appears on the face of a decree by a nunc
pro tunc order. [Citations.] It cannot, however, change an order which has become final even
though made in error, if in fact the order made was that intended to be made. . . .”];

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