A California notice of errata is the topic of this blog post.
A California notice of errata is generally used in situations where there is a need to correct minor errors or omissions in a pleading such as the late submission of a missing exhibit or page from a declaration or motion, or a replacement page that is necessary by a glitch in photocopying.
The name Errata is Latin for error.
Situations where a California notice of errata can be used.
A California notice of errata should only be used in situations where you need to correct minor typographical errors or omissions that involve only a minor, unsubstantial change to a previously filed document.
Using a California notice of errata to attempt to correct or mask a more substantive defect in pleadings is disfavored by the courts.
In one unpublished opinion from a California Court of Appeal from 2012 it stated that,
“Schaffer acknowledges that the "trial court chastised [her] counsel that the use of the `word "errata" in the title of the document implies a minor, unsubstantial change to a previously filed document.'" Nonetheless, she argues that the court should have allowed her to file the notice of errata and simply allowed respondents an opportunity to respond.
Here, Schaffer's notice of errata did not merely correct a typographical error or make a minor, unsubstantial change to her opposition. Instead, the document sought to present additional facts and legal contentions after respondents filed their reply to her opposition to summary judgment. Schaffer's errata contains eight pages of factual and legal contentions to dispute respondents' contentions that the termination of her services was not retaliatory and that the decision was not made by anyone at Horizon. By contrast, her points and authorities in opposition to summary judgment constituted only 10 pages. Essentially, the notice of errata constituted a statutorily unauthorized surrebuttal to respondents' reply.”
See Schaffer v. HORIZON WEST HEALTHCARE, INC., Cal: Court of Appeal, 3rd Appellate Dist. 2012, C067179, C068446.
If used in the correct situations a California notice of errata is an extremely useful tool.
Sample California notice of errata in Word format.
Attorneys or parties in California that would like to view or download a sample California notice of errata available in Microsoft Word format created by the author can use the link shown below.
Over 300 sample legal documents for California and Federal litigation.
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