DOUG GABBARD II, Presiding Judge.
¶ 1 Defendant/Appellant, Passenger Transportation Specialists, Inc., d/b/a Red Carpet Charters (PTS), appeals the trial court's order granting a "Motion to Correct Domesticated Foreign Judgment to Reflect the Correct Name of the Defendant" filed by Plaintiff/Appellee, Custom Radio Corporation (CRC). We affirm.
¶ 2 CRC is an Indiana corporation which sells audio and video equipment. PTS is an Oklahoma corporation which operates a charter bus company under the name "Red Carpet Charters." Its principal is Jeff Polzien and its operating address is 6800 Camille Street, Oklahoma City, Oklahoma.
¶ 3 Between 2007 and early 2008, CRC sold PTS certain audio and video equipment. In each transaction, CRC invoiced PTS using PTS's operating name,
¶ 4 In May 2008, after a dispute arose between the parties, CRC sued "Red Carpet Charters, Inc.," in the Superior Court of Allen County, Indiana. CRC served summons on "Red Carpet Charters, Inc." by leaving a copy of same with Kim Davis-Steele, a PTS employee and corporate officer, at the Camille Street address. PTS did not answer, and CRC eventually obtained a default judgment against "Red Carpet Charters, Inc."
¶ 5 In October 2008, CRC filed this judgment in the District Court of Oklahoma County, Oklahoma, pursuant to the Uniform Enforcement of Foreign Judgments Act, 12 O.S.2001 and Supp. 2009 §§ 719 et seq. However, after PTS received proper notice of this filing, Jeff Polzien filed a letter with the court, stating, in part, that "Red Carpet Charters, Inc., has no assets, no employees, no officers and ceased any business and filed a final income tax return in the early 1990's." CRC responded with the motion from which the present appeal arises, seeking to correct its judgment to reflect that the defaulting defendant was PTS, instead of "Red Carpet Charters, Inc." PTS replied by filing a special appearance and objection.
¶ 6 The appellate record indicates that Jeff Polzien began Red Carpet Charters, Inc., in 1985. However, in the early 1990's, Red Carpet Charters, Inc., ceased doing business, Polzien formed PTS, and PTS began operating a charter bus service at the same location as Red Carpet Charters, Inc., and using the similar name "Red Carpet Charters." Records on file with the Oklahoma Secretary of State list Polzien as the registered service agent for both PTS and Red Carpet Charters, Inc.
¶ 8 Whether a trial court has the authority to amend the party defendant in a foreign judgment is a question of law. Questions of law are reviewed de novo, that is, we conduct a plenary, non-deferential re-examination of the trial court's legal rulings. Neil Acquisition, L.L.C. v. Wingrod Inv. Corp., 1996 OK 125, n. 1, 932 P.2d 1100. However, if a trial court has authority to grant such an amendment, its decision to do so involves the exercise of discretion which we review using an abuse of discretion standard. See Pan v. Bane, 2006 OK 57, ¶ 14, 141 P.3d 555, 561.
¶ 9 Courts have long recognized their authority to generally correct errors of omission, inclusion, or description of parties in a lawsuit. In Stocker v. Dobyns-Lantz Hardware Co., 1924 OK 276, ¶ 1, 101 Okla. 134, 224 P. 303, 303, the Oklahoma Supreme Court stated:
See also Butler Const. Co. v. Bentley, 1951 OK 275, 205 Okla. 225, 237 P.2d 886. Misdescription of parties is common where a business is being sued because businesses often operate using trade names:
62B Am.Jur.2d Process § 96 (2005)(footnotes omitted).
¶ 10 Since a misnomer defect in the summons is "immaterial" in conferring jurisdiction over a defendant, jurisdiction continues through the entry of judgment. It follows, therefore, that a misnomer defect may be corrected even after a judgment has been entered. In addition, a judgment may be corrected or amended to substitute one party for another as either plaintiff or defendant, where necessary to carry out the purpose of the judgment, as long as the amendment does not bring within the judgment new parties who were not previously before the court. 49 C.J.S. Judgments § 286 (1997).
¶ 11 In Oklahoma, 12 O.S.2001 § 2015(A) authorizes amendments by the party before a responsive pleading is served, and with court approval afterwards. Subsection (B) authorizes an amendment to conform to the evidence at trial. Subsection (C) provides for relation back of amendments under the following circumstances:
¶ 12 Section 2015 is based upon Federal Rule of Civil Procedure 15(c), 28 U.S.C.A. (West 2008), which codifies both the traditional misnomer doctrine and the similar relation-back doctrine. Roberts v. Michaels, 219 F.3d 775 (8th Cir.2000). Because the state statute is based upon a federal rule, the Oklahoma Supreme Court has adopted the construction placed upon this rule by the federal courts. Dotson v. Rainbolt, 1995 OK 39, 894 P.2d 1109; Prough v. Edinger, Inc., 1993 OK 130, 862 P.2d 71.
¶ 13 The rationale behind § 2015(C) is that where a party to be added has received timely and fair notice of the institution of the original action and the facts upon which it is based, that party has received all the notice and protection required. Pan v. Bane, 2006 OK 57, 141 P.3d 555. The Pan Court held that such an amendment must meet three requirements: (1) the party being added must have been involved in the same transaction upon which the suit is based; (2) the party to be added must have received timely notice and will not be prejudiced in maintaining a defense, if it desires to do so; and (3) the party to be added, within the specified time period, knew or should have known that but for the mistake of identity the action would have been brought against him or her. Id. at ¶ 10, 141 P.3d at 560.
¶ 14 The second requirement, timely notice, is the "linchpin" of the relation-back doctrine and "serves as the yardstick used for evaluating whether or not amending the complaint will cause the new defendant to suffer prejudice if he or she is forced to defend the case on the merits." Id. at ¶ 11, 141 P.3d at 560. However, "[i]f the party to be added has a sufficient identity of interest with the original defendant, constructive notice will be imputed to the former, thereby satisfying the notice requirement for relation back where it will not be prejudicial." Id. at ¶ 12, 141 P.3d at 560. The Pan Court cited numerous cases demonstrating the proposition, including Travelers Indemnity Co. v. United States for Use of Construction Specialities Co., 382 F.2d 103 (10th Cir.1967) (amendment substituting a subsidiary surety company for the parent company was approved because the two companies had the same managers and directors, occupied the same office, and their activities supplemented one another); Korn v. Royal Caribbean Cruise Line, Inc., 724 F.2d 1397 (9th Cir. 1984) (plaintiff intended to sue ship owner for personal injuries but named ship's marketing corporation by mistake); VKK Corp. v. National Football League, 244 F.3d 114 (2nd Cir.2001) (plaintiff intended to bring action against party with whom it had negotiated but mistakenly named a party that had not existed at the time in question); and Loveall v. Employer Health Services, Inc., 196 F.R.D. 399, 404 (D.Kan.2000) (plaintiff intended to bring product liability action against medical supply company but mistakenly named another company as the seller).
¶ 15 In the present case, the first and third requirements of the Pan analysis were clearly satisfied. PTS was involved in the transaction that was the basis of the claim set forth in the petition, and it knew or should have known that, but for the mistake of identity, the action would have been brought against it: PTS operated under the name "Red Carpet Charters," had dealt with CRC as "Red Carpet Charters," and knew that Red Carpet Charters, Inc. was no longer operating as a business.
¶ 16 The second requirement, that the party to be added—i.e., PTS—received timely
¶ 17 Because all three Pan requirements were met in this case, the trial court's grant of an amendment was authorized by § 2015(C). Clearly, PTS created the potential for confusion by doing business, including purchasing products and writing checks, under the trade name "Red Carpet Charters," knowing that this name was similar to the now defunct company "Red Carpet Charters, Inc." A more thorough inquiry by CRC may or may not have uncovered the corporate ownership. If CRC had checked the name "Red Carpet Charters" with the Oklahoma Secretary of State, it would have learned that Red Carpet Charters, Inc., was no longer in business and it might have concluded that "Red Carpet Charters" was a "d/b/a," thereby suggesting a more thorough investigation into its corporate ownership. On the other hand, it might have concluded that Red Carpet Charters, Inc., was continuing to operate as a corporation but had failed to pay its corporate franchise tax, or that it was now operating as a sole proprietorship owned by Jeff Polzien. Thus, even if the requirements of § 2015(C) had not been satisfied, the facts are sufficient to authorize amendment pursuant to traditional misnomer principles.
¶ 18 Finally, although the judgment in question did not originate in an Oklahoma court, § 2015(C) applies with equal force to foreign judgments filed under the Uniform Enforcement of Foreign Judgments Act, 12 O.S.2001 and Supp. 2009 §§ 719 et seq. Section 721 of the Act specifically provides:
¶ 19 We find that the trial court had authority to amend the judgment under 12 O.S.2001 § 2015(C), and its decision to allow same was not an abuse of discretion. The court's order granting CRC's motion to correct domesticated foreign judgment is hereby affirmed. PTS's motion for appellate attorney fees is denied.
¶ 20 AFFIRMED.
GOODMAN, J., concurs, and RAPP, J., not participating.