Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 7. Motion to Vacate, Appeal, and Related Matters · Enacted 1742 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 116.725 lets the court, on its own at any time, or a party within 30 days after notice of entry of judgment, move to correct a clerical error or set aside a judgment based on an incorrect or erroneous legal basis for the decision, with each party limited to one such motion.
(a)A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the decision may be made as follows:
(1)By the court on its own motion at any time.
(2)By a party within 30 days after the clerk mails notice of entry of judgment to the parties.
(b)Each party may file only one motion to correct a clerical error or to set aside and vacate the judgment on the ground of an incorrect or erroneous legal basis for the decision.
Plain-English Summary
Section 116.725(a) creates a narrow correction mechanism separate from a full motion to vacate or an appeal: fixing a clerical error, or setting aside and vacating a judgment because the legal basis for the decision was incorrect or erroneous. The court can raise this on its own at any time; a party has 30 days after the clerk mails notice of entry of judgment to bring it.
Subdivision (b) limits each party to filing only one such motion — whether the motion addresses a clerical error or an erroneous legal basis, a party does not get repeated attempts at this particular kind of correction.
Frequently Asked Questions
Can a small claims judgment be corrected for a clerical mistake?
Yes. Section 116.725(a) allows the court, on its own at any time, or a party within 30 days after notice of entry of judgment, to move to correct a clerical error.
Can I ask the court to fix a judgment because it got the law wrong?
Section 116.725(a) also allows a motion to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the decision, within the same 30-day window for a party.
How many times can I file this kind of motion?
Section 116.725(b) limits each party to filing only one motion to correct a clerical error or set aside a judgment on an erroneous legal basis.
Amendment History
Added Stats 2005 ch 706 § 7 (AB 1742).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:fix small claims judgment mistake californiaclerical error small claims judgment