Judge: Lisa R. Jaskol, Case: BC720502, Date: 2025-03-25 Tentative Ruling
Case Number: BC720502 Hearing Date: March 25, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On August 29, 2018, Plaintiff Trinity Williams (“Plaintiff”) filed this action against Defendants Dolly Operator, Walmart Stores, Inc. (“Walmart”), and Does 1-50 for premises liability.
On December 17, 2018, Walmart filed an answer. On August 6, 2020, Defendant Gene Romero (erroneously sued as Dolly Operator) filed an answer.
On August 1, 2022, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel.
On January 27, 2023, the Court dismissed the Doe defendants with prejudice based on Plaintiff’s oral request. On February 15, 2023, the Court dismissed Dolly Operator without prejudice based on Plaintiff’s oral request.
On February 2, 2023, court trial began. On February 3, 2023, the parties rested and the Court took the matter under submission.
On February 7, 2023, the Court issued a proposed decision and judgment. Plaintiff and Walmart filed objections. On March 7, 2023, the Court entered judgment for Plaintiff and awarded $36,930.15 in damages. On March 8, 2023, the Court served notice of entry of judgment.
On April 7, 2023, Plaintiff filed a notice of appeal. On November 3, 2023, the Court of Appeal dismissed the appeal. On January 19, 2024, the Court of Appeal issued the remittitur.
On May 10, 2023, the Court issued an amended judgment reducing the judgment to $18,512.02 based on Walmart’s service of an offer under Code of Civil Procedure section 998.
On January 24, 2025, Walmart filed a motion to enforce the judgment, to compel Plaintiff to execute a satisfaction of judgment, or, in the alternative, to dismiss the case. The motion was set for hearing on March 12, 2025. Plaintiff did not file an opposition. The Court continued the hearing to March 25, 2025.
PARTY’S REQUEST
Walmart asks the Court to order Plaintiff to accept Walmart’s payment of the judgment amount and to file a satisfaction of the judgment. In the alternative, Walmart asks the Court to dismiss the case.
LEGAL STANDARD
Code of Civil Procedure section 724.010 provides in part:
“(a) A money judgment may be satisfied by payment of the full amount required to satisfy the judgment . . . .
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(Code Civ. Proc., § 724.010, subds. (a), (c).)
Code of Civil Procedure section 724.050 provides:
“(a) If a money judgment has been satisfied, the judgment debtor . . . may serve personally or by mail on the judgment creditor a demand in writing that the judgment creditor do one or both of the following:
“(1) File an acknowledgment of satisfaction of judgment with the court.
“(2) Execute, acknowledge, and deliver an acknowledgment of satisfaction of judgment to the person who made the demand.
“(b) The demand shall include the following statement: “Important warning. If this judgment has been satisfied, the law requires that you comply with this demand not later than 15 days after you receive it. If a court proceeding is necessary to compel you to comply with this demand, you will be required to pay my reasonable attorney’s fees in the proceeding if the court determines that the judgment has been satisfied and that you failed to comply with the demand. In addition, if the court determines that you failed without just cause to comply with this demand within the 15 days allowed, you will be liable for all damages I sustain by reason of such failure and will also forfeit one hundred dollars to me.
“(c) If the judgment has been satisfied, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand.
“(d) If the judgment creditor does not comply with the demand within the time allowed, the person making the demand may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) order the court clerk to enter satisfaction of the judgment.
“(e) If the judgment has been satisfied and the judgment creditor fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to such person. Liability under this subdivision may be determined in the proceedings on the motion pursuant to subdivision (d) or in an action.”
(Code Civ. Proc., § 724.050.)
DISCUSSION
Walmart asserts that Plaintiff has refused to accept Walmart’s check for payment of the judgment amount and has refused to file an acknowledgment of satisfaction of judgment. Walmart asks the Court to order Plaintiff to accept the judgment amount and to file an acknowledgement of satisfaction of judgment. In the alternative, Walmart asks the Court to dismiss the case. Plaintiff has not filed an opposition.
The Court grants Walmart’s motion in part and orders Plaintiff to accept Walmart’s payment of the judgment.
The Court denies without prejudice Walmart’s request to order Plaintiff to file an acknowledgment of satisfaction of judgment. Code of Civil Procedure section 724.050, on which Walmart relies, authorizes a motion to compel compliance with a written demand to file (or to execute, acknowledge, and deliver) an acknowledgement of satisfaction of judgment, but only after the judgment has been satisfied. (See Code Civ. Proc., § 724.050, subd. (a).) Here, despite Walmart’s efforts, the judgment has not been satisfied.
Once the judgment is satisfied, Walmart may send Plaintiff a written demand that satisfies the requirements of Code of Civil Procedure section 724.050, subdivision (b). Walmart’s moving papers do not show that Walmart has provided the “[i]mportant warning” the statute requires. (See Code Civ. Proc., § 724.050, subd. (b).) If Plaintiff does not comply with the written demand within the time allowed, then Walmart may file a motion under Code of Civil Procedure section 724.050, subdivision (d).
Walmart has cited no authority that would allow the Court to dismiss the case if Plaintiff does not comply with Walmart’s demand for an acknowledgment of satisfaction of judgment under Code of Civil Procedure section 724.050.
CONCLUSION
The Court GRANTS IN PART Defendant Walmart Stores, Inc.’s motion to enforce the judgment, to compel Plaintiff to execute an acknowledgement of satisfaction of judgment or, in the alternative, to dismiss the case.
The Court ORDERS Plaintiff Trinity Williams to accept Defendant Walmart Stores, Inc.’s payment of the amount awarded in the amended judgment dated May 10, 2023.
In all other respects, the Court DENIES without prejudice Defendant Walmart Stores, Inc.’s motion.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.