Dismissal Entire ActionCal. Super. - 6th Dist.November 14, 2018Name and Adams: o! Conn sc_1 30 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San Jose, California 95113 SMALL CLAIMS CASE NO.: 18SC076449 NOTICE To ALL PLAINTIFFS AND DEFENDANTS; AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: Your small claims case has been declded. If you lost the case, and the court ordered you to pay money. your wages, money. and property may be taken without further warning from the court. Read the back of this sheet for important Information about your rights. Su caso ha sldo resuelto por la corte para reclamos Judiciales menores. Si Ia cone ha decldldo en su contra y ha ordenado que usted pague dlnero. Ie pueden quitar su salario. su dlnero, y otras cosas de su propiedad. sin aviso adicional por part9 de esta cone. Lea el reverse de este formularlo para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANT E (Name, wee: address, and talephone number oI saw): DEFENDANTIDEMANDADO‘ (Name, $1199! miss; and telephone number ol each): Oponun Inc Cecilio C Solis PO Box 2146 3457 MOUNT PRIETA DR Menlo Park, CA 94026 SAN JOSE, CA 95127 Telapnono No: Tdaphone No.2 Home: 408-981-4091 Telephone N04 Te|ephane No. D See attached sheet for additional plaintiffs and defendants Date of Hearingz; July 17, 2019 Hearing officer: Jillian Laxton . NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 07/17/201 9 1. D Defendant (name, if more than one): shall pay plaintiff (name, if more than one): $ principal and: $ costs on plaintiff‘s claim. 2. D Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore then one): shall pay defendant (name, if more than one): S principal andz$ costs on defendant‘s claim. 4. D Plaintiff does not owe defendant any money on defendanrs claim 5. D Possession of the following property is awarded to plaintiff (describe property): 6‘ U Payments are to be made at the rate of: $ per (specify period): beginning on (dare. and on the (specify day): day of each month thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. 7. Dismissed in court D with prejudice. E without prejudice 8. D A(torney-C/ient Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. 9. D Other (specify): , 10. D This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtors operation of a motor vehicle. If the judgment is not paid, the judgment credlitor may apply to have the judgment debtor's drivefs license suspended. 11. Enforcement of the judgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. D This notice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify that I am not a party to this action. This Notice of Entry of Judgment was mailed first class, postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certification occurred at the place and on the date shown below. Place of mailing: San Jose. California Date of mailing: 09/04/2019 Clerk, by The county provides small claims adviser services free of charge. Read the informatio'n sheet on the reverse. FormAdoplnalwAnamadve Mandatory Use NOTICE OF ENTRY OF JUDGMENT Coda alCiviI Procedures 51‘6‘610Jamaal couna'l o: cmimm'a , scAmlRevJuyLzoml (Small Clalms) www/oauninrougav SC-1 30 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision of the court appears on me front of this sheet The court may have ordered one party to pay money to the other party. The person (or business) who won the case and who can collect the money is called the judgment creditor‘ The person (or business) who lost the case and who owes the money is called the judgment debtor‘ Enforcement of the judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor canno‘ collect any money or take any action until this period is over‘ Generally, both panies may be represented by lawyers after judgment. IF YOU LOST THE CASE . , , b‘ VOLUNTARY PAYMENT 1‘ If you lost the case on your own claim and the coun did not award you any money, the ooun's decision on your claim is FINAL. You may not appeal your own claim If you lost lhe case and the court ordered you to pay money, your money and property may be taken to pay the claim unless you do one of the following things: a. PAY THE JUDGMENT The law requires you to pay the amount of the judgment. You may pay the judgment creditor directly. or pay the judgment to the coun {or an additional fee_ You may also ask the court to order monthly payments you can afford‘ Ask the clerk for information about these procedures. b. APPEAL If you disagree with the coun's decision. you may appeal the decision on (he other party’s claim. You may not appeal the decision on your own claim. However, if any party appeals. there will be a new trial on all the claims. If you appeared at the trial. you mus! begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days afler the date this Notice o! Entry of Judgmentwas mailed or handed to you. Your appeal will be in the superior court. You will have a new trlal and you must present your evidence again. You may be represented by a lawyer‘ . c. VACATE OR CANCEL THE JUDGMENT If you did not go to the trial, you may ask the court to vacate or cancel the judgment. To make this request, you must file a Motion Io Vacate the Judgment (form SC-135) and pay the required fee within 30 days afler the date this Notice of Entry ofJudgmenI was mailed. If your request is denied, you then have 10 days from the dale the notice of denial was mailed to file an appeal‘ The pen‘od lo file the Motion ta Vacate the Judgment is 180 days if you were no! pmpedy served with the claim‘ The 180-day pen'od begins on the date you found out or should have found out about the judgment against you‘ IF YOU WON THE CASE . .. 1. l! you were sued by the other pany and you won the case. then the other party may not appeal the court's decision. 2. ll you won lhe case and the court awarded you money, here are some steps you may take to collect your money or get possession of your property: a. COLLECTING FEES AND INTEREST Sometimes fees are charged for filing court papers or for sewing the judgment debtor‘ These extra costs can become pan of your original judgment. To claim these fees, ask the clerk for a Memorandum o! Costs. Ask me judgment debtor to pay the money. If your claim was for possession of propeny, ask the judgment debtor to return the propeny to you‘ THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU, c. STATEMENT OF ASSETS If the judgment debtor does not pay me money, the law requires the debtor lo fill out a form called lhe Judgment Debtors Statement ofAssets (form SC-133). This form will tell you what property the judgment debtor has that may be available lo pay your claim. If the judgment debtor willfully fails lo send you the completed form. you may file an Application and Order to Produce Statement of Assets and r0 Appear for Examination (form SC-1 34) and ask the coun lo give you your anomey's fees and expenses and other appropriate relief. afler proper notice, under Code of Civil Procedure section 708.170. ORDER OF EXAMINATION You may also make the debtor come to court to answer questions about income and property‘ To do this, ask the clerk for an Application and Order for Appearance and Examination (Enforcement of Judgment) (form EJ~125) and pay the required fee‘ There is a fee if a law officer serves the order on the judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Small Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP»002). . WRIT OF EXECUTION Afler you find out about me judgment debtors property, you may ask the coun for a Writ of Execution (fon'n EJ-130) and pay the required fee. A writ of execution is a coun paper thai tells a law officer to iake property of lhe judgment debtor to pay your claim Here are some examples of the kinds of property the officer may be able to lake: wages. bank account. automobile, business property, or rental Income. For some kinds 01 property. you may need to file other forms. See the law officer for information ABSTRACT 0F JUDGMENT The judgment debtor may own land or a house or other buildings, You may want to put a lien on the property so that you will be paid if (he propeny is sold‘ You can get a lien by filing an Abstract o! Judgment (form EJ-OO1) with the county recorder in the county where the property is located The recorder wiII charge a fee for the Abstract o! Judgment. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you will be fined. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the l am the D judgment creditor U assignee of record‘ proper form. SMALL CLAIMS NO‘: 1886076449 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court l agree that the judgment in this action has been paid in full or omenNise satisfied. Date: (TYPE OR PRINT NAME) (SIGNATURE) sc-130 [Rev Juy 1. 20101 NOTICE OF ENTRY OF JUDGMENT Pago 2 o! 2 (Small Claims)
