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01276.0033 2065249.3 Case No. 24CV443930
STIPULATED JUDGMENT AND REQUEST FOR DISBURSEMENT OF FUNDS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA, DOWNTOWN SUPERIOR COURTHOUSE
In Re:
10505 MADRONE COURT,
CUPERTINO, CA 95014
Case No. 24CV443930
Assigned for All Purposes to:
Hon. Roberta S. Hayashi
Department 14
STIPULATED JUDGMENT AND
REQUEST FOR DISBURSEMENT OF
FUNDS
This STIPULATED JUDGMENT AND REQUEST FOR DISBURSEMENT OF FUNDS is entered into by and between Claimant CITY OF CUPERTINO (“Cupertino” or “City”) and Claimant KATHLEEN GARFIELD (“Garfield”), an individual (collectively, the “Parties”).
STIPULATION
IT IS HEREBY STIPULATED by and between Cupertino and Garfield that the Court may enter judgment and order the disbursement of the surplus funds. The Parties stipulate and agree as follows:
1. The Parties hereby agree to a disbursement of the surplus funds from the foreclosure sale of 10505 Madrone Court, Cupertino, California 95014 as full satisfaction of any and all claims and damages asserted by the Parties, and waive any claims the Parties could have asserted in this proceeding. The Parties have executed a separate Settlement Agreement and Mutual Release attached hereto as Exhibit A.
2. This Stipulation is contingent upon Cupertino receiving approval of the Settlement Agreement from the Cupertino City Council. Counsel for Cupertino will seek approval from the Cupertino City Council at the next closed session. Within three (3) days after the Cupertino City 1 2
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01276.0033 2065249.3 -2- Case No. 24CV443930
STIPULATED JUDGMENT AND REQUEST FOR DISBURSEMENT OF FUNDS
Council makes its decision on the Settlement Agreement, Cupertino will file with this Court and serve on Garfield a Notice of Decision.
3. The Court Clerk, following the receipt of a Notice of Decision approving the Settlement Agreement, shall pay the disbursements as follows:
a. Within thirty (30) business days after a conformed copy of the entered Stipulated Judgment is served on the Parties, the Court Clerk shall issue a check in the amount of one hundred and fifteen thousand dollars ($115,000.00) payable to “Law Office of Neil Opdahl- Lopez in care of Kathleen Garfield” to 473 E. Carnegie Drive Suite 200, San Bernardino CA, 92408.
b. Within thirty (30) business days after a conformed copy of the entered Stipulated Judgment is served on the Parties, the Court Clerk shall issue a check in the amount of three hundred and eighteen thousand, seven hundred and eighty six dollars and seventy four cents ($318,786.74) payable to the “City of Cupertino” to 10300 Torre Avenue, Cupertino CA, 95014.
4. Each Party shall bear its own litigation expenses, including but not limited to all attorneys fees, expert witness fees, and all other fees or costs of any nature, including costs set forth in Code of Civil Procedure Section 1033.5.
5. Each party to this Stipulated Judgment agrees to the entry by the Court of the Judgment in substantially the form submitted concurrently herewith and each waives the right to all post-judgment challenges to this Stipulated Judgment, including the right to appeal.
6. The Parties stipulate that a Statement of Decision and Notice of Entry of Stipulated Judgment is hereby waived.
7. Under Code of Civil Procedure section 664.6 or any similar successor statute, the Parties request and agree that the Santa Clara Superior Court retain jurisdiction to enforce the terms of this Stipulated Judgment until full performance of its terms. ///
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01276.0033 2065249.3 -3- Case No. 24CV443930
STIPULATED JUDGMENT AND REQUEST FOR DISBURSEMENT OF FUNDS IT IS SO STIPULATED.
LAW OFFICES OF NEIL OPDAHL-LOPEZ
Attorneys for Claimant
KATHLEEN GARFIELD
ALESHIRE & WYNDER, LLP
Attorneys for Claimant
CITY OF CUPERTINO
By: By:
NEIL OPDAHL-LOPEZ BRENDAN H. BROWNE
Dated: December _18_, 2025 Dated: November __, 2025
O
RDER
The Court, having reviewed the Parties’ Stipulated Judgment and Request for Disbursement of Funds, and having received a Notice of Decision stating that the S ettlement Agreement was approved by the Cupertino City Council, finds good cause to enter this Order.
The Court Clerk shall disburse the excess funds as stipulated by the Parties.
I
T IS SO ORDERED.
DATED: December ____, 2025
Hon. Roberta S. Hayashi
Judge of the Superior Court of Santa Clara County