Dismissal Entire Action

Cal. Super. - 6th Dist.December 6, 2018

Name and Address o(Coun SC-1 30 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 Nonh First Street San Jose. California 95113 SMALL CLAIMS CASE NO.: 18$C076712 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. 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. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por Ia corte para reclamos judiciales menores. SI la corte ha decidido en su contra y ha ordenado que usted pague dlnero, Ie pueden quitar su salario, su dinero, y otras cosas de su propiedad, sin aviso adlclonal por pane de esta corte. Lea el reverse de este formularlo para obtener lnformaclén de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name, sum address, and magma numbero/oacn): DEFENDANTIDEMANDADO' (Name, smel address. and Immune numberoloacn): Oportun Inc April Guzman 2 Circle Star Way 823 Bonaccorso Place San Carlos, CA 94070 San Jose, CA 95133 Taaphone No: Telephone No‘: Telephone No‘ Telaphans No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: July 17, 2019 Hearlng officer: Jillian Laxton NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 07/17/2019 1. D Defendant (name, if more than one): shall pay plaintiff (name, if more than one): $ principal and: $ costs on plaintiffs claim. 2. D Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore than one): shall pay defendant (name, ifmore than one): $ principal andz$ costs on defendant's claim 4. U Plaintiff does not owe defendant any money on defendant’s claim 5. D Possession of the following property is awarded to plaintiff (describe property): 6. D Payments are to be made at the rate of. $ per (specify period): beginning on (dare. and on ‘he (specify day): day of each month thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. 7. B Dismissed in court U with prejudice. without prejudice 8. D Atrorney-C/ient Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-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 debtor‘s operation of a motor vehicle. If the judgment is not paid. the judgment creditor may apply to have the judgment debtofs drivers license suspended. 11. Enforcement of thejudgment 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 mat I am not a pany 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 ab e. 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 , Deputy Maggie ast MK The county provides small claims adviser services free of charge. Read the lnformatlo/sheé on the reverse. I FonnAdoplsdfoeramauvo Mandatuy Use NOTICE OF ENTRY OF JUDGMENT Coda atow Procedures §115.610Juaida: sound o: Canton“ , sc-1301Rav Juy 1. 20101 (Small Clalms) www/wuninmmgov SC-1 30 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision of the court appears on the front of this sheet. The coun may have ordered one pany (o 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 (hat the judgment creditor cannot collect any money or take any action until this period is over. Generally, both panies may be represented by lawyers aflerjudgment. IF YOU LOST THE CASE . . . 1. If you lost the case on your own claim and the coun did not award you any money. the court's decision on your claim is FINAL. You may not appeal your own claim. If you Iosl the case and the coun ordered you lo pay money. your money and propeny may be taken lo 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 judgmem to the coun for an addilional fee. You may also ask the coun 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 the other party’s claim. You may nol appeal the decision on your own claim. However. if any pany appeals. there will be a new xrial on all the claims. If you appeared at the trial. you must begin your appeal by filing a (arm called a Notice o! Appeal (form 80-140) and pay the required fees within 30 days afler me date this Nolice o! Entry o/ Judgment was mailed or handed to you. Your appeal will be in the superior coun. You will have a new trial and you must present your evidence again. You may be represented by a lawyer. c. VACATE OR CANCEL THE JUDGMENT If you did no! go to the trial, you may ask the coun to vacate or cancel the judgment. To make this request. you must file a Motion to Vacate the Judgment (form SC-135) and pay the required fee within 30 days after the date this Notice ol Entry of Judgment was mailed. If your request is denied, you then have 1O days from the date the notice of denial was mailed to file an appeal. The period to file the Motion to Vacale the Judgment is 180 days if you were not propedy served with the clalm. The 180-day period begins on the date you found out or should have found om about the judgment against you. IF YOU WON THE CASE . .. 1‘ I! you were sued by the other party and you won the case. then the other party may not appeal the court's decision. 2. If you won the 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 coun papers or for sewing the judgment debtor. These extra costs can become pan of your original judgment. To claim khese fees, ask the derk for a Memorandum o! Costs. b. C. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was for possession of property. ask the judgment debtor {o return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. STATEMENT OF ASSETS If the judgment debtor does not pay me money. the law ' requires the debtor to fill out a form called the Judgment Debtors Statement ofAssets (form SC-133). This form will tell you what propeny the judgment debtor has that may be available to pay your claim. If the judgment debtor willfully fails to send you the completed form, you may file an Application and Order to Produce Statement of Assets and to Appear for Examination (form SC-1 34) and ask xhe coun to give you your anomey's fees and expenses and other appropriate relief, afler proper notice. under Code of Civil Procedure section 708.1 70‘ ORDER OF EXAMINAHON You may also make the debtor come to coun to answer questions about income and property. To do this, ask the clerk for an Application and Older for Appearance and Examination (Enforcement of Judgment) (form EJ-125) and pay the required fee. There is a fee if a law officer serves me 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-OOZ). WRIT OF EXECUTION After you find out about the judgment debtors property. you may ask me coun for a Writ o! Execution (form EJ-130) and pay the required fee. A wn'l of execution is a court paper that tells a law officer lo take propeny of the judgment debtor to pay your claim. Here are some examples of the kinds of propeny the officer may be able to take: wages, bank account, automobile. business property, or rental income. For some kinds of property, you may need to file other forms See the law officer for information. ABSTRACT OF JUDGMENT The judgment debtor may own land or a house or other buildings. You may want to put a Ilen on the property so that you will be paid if the propeny is sold‘ You can get a lien by filing an Abstract of Judgment (form EJ-001) with the county recorder in the county where lhe propeny is located. The recorder will charge a fee for the Abstract of 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 proper form. SMALL CLAIMS No.2 1886076712 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this Iorrn if an Abstract o! Judgment has been recorded.) To tho Clerk of the Court: I am the D judgment creditor D assignee of record‘ I agree that lhe judgment in this action has been paid in full or otherwise satisfied, Date: (TYPE 0R PRINT NAME) (SIGNATURE) $0430 [Rev Juy 1. 20101 NOTICE OF ENTRY OF JUDGMENT Page 2 ol 2 (Small Claims)