Reisbeck, LLC v. Levis, 2014 COA 167

Reisbeck Subdivision, LLC (85%) and Jersin (15%) own Reisbeck Subdivision property in Adams County.
1947 Levis obtained a right-of-way across the property for a rail spur that was never built.
Reisbeck’s counsel filed a quiet-title action under C.R.C.P. 105 and joined Jersin as an involuntary plaintiff.
The complaint and motions misnamed Reisbeck as “Reisbeck, LLC,” a non-existent entity.
Service by publication occurred; no responsive pleadings were filed; default judgments were entered.
The judgment quieted 15% in Jersin and 85% in the misnamed “Reisbeck, LLC,” which did not exist in reality; counsel later sought relief under C.R.C.P. 60(a) to amend the misnomer; the district court denied the motion citing Rainsberger v. Klein.
The appealing party argues the district court should correct the clerical error to reflect Reisbeck Subdivision, LLC and Jersin as intended by the action.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 60(a) allows correcting a misnamed party in the judgment	Reisbeck says it was an honest mistake; correction aligns judgment with actual parties	District court relied on Rainsberger and feared adding parties or altering liability	Yes; 60(a) permits clerical corrections to reflect correct party names
Whether Rainsberger is controlling or distinguishable on 60(a) correction	Rainsberger is distinguishable; this is a clerical misnomer, not a pleading/party addition	Rainsberger controls; misnomer correction is not allowed in this context	Distinguishable; correction permitted under 60(a) to reflect intended parties

Reasoner v. Dist. Court, 197 Colo. 516 (1979) (60(a) as a safety valve for clerical mistakes)
In re Marriage of Buck, 60 P.3d 788 (Colo.App. 2002) (60(a) applicability to clerical errors in judgments)
Diamond Back Servs., Inc. v. Willowbrook Water & Sanitation Dist., 961 P.2d 1134 (Colo.App. 1997) (clarifies intended party/ consequence in correction)