Stuart

Plaintiff Noel D. Stuart appeals the judgment entered after the court denied her application for payment from the Real Estate Fund under Business and Professions Code section 10471. We conclude the court properly refused her request to modify or reopen an earlier decision and therefore affirm.

Factual and Procedural Background

Stuart successfully sued the Real Exchange (Exchange) for breach of contract. Judgment was entered in October 1980. The court made findings of fact and conclusions of law; there was no finding Exchange committed fraud, misrepresentation, deceit, or conversion of trust funds. In September 1981 Stuart applied under section 10471 for an order directing payment out of the Real Estate Fund (Fund). (See § 10470 et seq.; Deas v. Knapp (1981) 29 Cal.3d 69, 72 [ 171 Cal.Rptr. 823 , 623 P.2d 775 ].) Respondent California Department of Real Estate (Department) properly opposed the application on the ground the original judgment was based on the court’s finding of a simple breach of contract, and that none of the statutory grounds prerequisite to recovery from the Fund were present. (See § 10471, subd. (a); Deas v. Knapp, supra, 29 Cal.3d at pp. 72, 76-80.)…