Judge: H. Jay Ford, III, Case: 24SMCV02840, Date: 2025-06-03 Tentative Ruling

Case Number: 24SMCV02840    Hearing Date: June 3, 2025    Dept: O

6-3-25 24SMCV02840 Wang Motion to Enforce Stipulation, request to amend judgment to include money judgment, and unseal the court record

Plaintiff Claudia Wang, Co-Trustee of the Wang Family Trust's Motion to Enforce Stipulation, Amend the Judgment and Unseal the Court Record is GRANTED. The motion was filed on 2-11-25, and no opposition has been filed. On 11-19-24, Judgment was entered via a stipulation whereby Defendant Teri Bernardi ("Bernardi") agreed to vacate the Premises by 12-15-24, and also Bernardo agreed to the following:

“Defendant owes Plaintiff $102,000.00, which includes unpaid rent through and including October 31, 2024. Defendant will incur an addition $19,125.00 in debt to Plaintiff to reflect the prorated rental amount owed from 11/01/2024 through 12/15/2024. Defendant shall pay Plaintiff the total sum of $50,000.00 according to the following payment plan: (1) $11,250.00 by 01/01/2025; (2) $11,250.00 by 04/01/2025; (3) $11,250.00 by 08/01/2025; and (4) $16,250.00 by 11/01/2025. If Defendant complies with the payment plan, Plaintiff shall forever waive the entire remaining balance owed by Defendant. If Defendant fails to comply, Plaintiff may, among other things, seek to amend the judgment to include a money judgment for the amount owed minus any payment received. If Defendant fails to comply with the terms of this agreement, Plaintiff may unseal the record via ex part application or other court hearing." (Wang Decl., ¶ 3.)

Plaintiff Claudia Wang ("Plaintiff") declares that Bernardi "failed to comply with the stipulation because [Bernardi] defaulted on the payment plan," by failing to pay the initial amount of $11,250.00 by 1-1-25. (Wang Decl., ¶ 4.) Plaintiff further declares that at the time of the motion filing Bernardi had no paid anything towards the payment plan. (Ibid.) Plaintiff seeks to amend the money judgment due to Bernardi's failure to comply with the payment plan, declaring "Plaintiff is entitled to the full judgment of $102,000.00 plus the additional prorated rental amount of $19,125.00 for a total of $121,125.00. (Ibid.) Plaintiff also requests the file be "un-sealed so it may be publicly reported." (Ibid.)

As per the stipulated agreement, Plaintiff's Motion to Enforce Stipulation, Amend the Judgment and Unseal the Court Record is GRANTED. The Court orders Bernardi to pay Plaintiff the amount of  $121,125.00 ($102,000.00 + $19,125.00). Additionally, the Court orders the record to be unsealed.