Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.February 27, 2020

Name and Address olCour‘t SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SC-1 30 SMALL CLAIMS CASE No.2 205C082765 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Vour small clalms caSe has been decided. [f you losl the case, and Ihe 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 lor Important Information about your rights. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales menores. Si la corte ha decidido en su contra y ha ordenado que usted pague dinero, le pueden quitar su salarlo, su dlnero, y otras cosas de su propledad, sln aviso adicional por parte de esla corte. Lea el reverso de este formularlo para obtener lnformaclén de importancla acerca de sus derechos. PLA1NTlFF/DEMANDANTE (Name, street address, and Iefephone number o/ each): Soke-Ai ohing 1700 Civic Center Dr Apt 605 SANTA CLARA CA 95050 DEFENDANT/DEMAN DADO‘ (Name, street address. and telephone number of each): Madani Mehran 15999 Bohlman Road SARATOGA CA 95070-6340 Telephone No: Telephone No. D See attached sheet for additional plaintiffs and defendants Telephone No.: Telephone N04 Date 0f Hearing: November 17. 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 11/1 7/2020 1. D Defendant (name, if more than one): Madani Mehran shall pay plaintiff (name, if more than one): Soke-Ai Ching principal and: $ costs on plaintiff’s claim. 2. E Defendant does not owa plaintiff any money on Plaintiff's Claim. 8. D Plaintiff (name, if more than one): Soke-Ai Ching shall pay defendant (name, if more than one):Madani Mehran $ principal and:$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant's claim 5. D Possession of the following propeny is awarded to plaintiff (describe property): 6. D~~ Payments are to be made at the rate of: $ per (specify period): beginning on (date. 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. D Dismissed in court D with prejudice. D without prejudice 8. D Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-1 32) is attached. 9. E Other (specify): Defendant's claim to be heard on a different hearing date. 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. 1f the judgment is not paid, the judgment creditor may apply to have the judgment debtor's driver's 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 personany delivered to (insen name and dare): 13. CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Entry of Judgmentwas 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 piace and on the date shown below. Place of mailing: San Jose, California Date 0f mailing: 06/23/2021 , DeputyCierk, byfl jennifler Morriss The county provides small claims advisor services free of charge. Read the information sheet on the reverse. J Form Adopted tor Altemafive Mandatory Use Judicial Council ol Calilornia SC~130 [Rev July 1. 2010] Code of Cim‘l Procedures §1 1 6.610 www/courflnfocavgovNOTICE OF ENTRY OF JUDGMENT (Small Claims) 80-130 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 the front of this sheet. The coun may have ordered one party t0 pay money to the other party. The person (or business) who won the case and who can collect the money is called the ]udgment 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 0r until the appeal Es decided. This means that the judgment creditor cannot collect any money or take any action until this period I's over. Generally, both parties may be represented by lawyers after judgment. lF YOU LOST THE CASE . . . 1. If you Iosl the case on your own claim and the court did not award you any money, the court‘s decision on your claim is FINAL. You may not appeal your own claim. 2. lf you lost the case and lhe 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 [he amount of the judgment. You may pay the judgment creditor directly, or pay the judgment t0 the court for an additional fee. You may also ask the court lo order monthly payments you can afford. Ask the clerk tor information about these procedures. b. APPEAL If you disagree with the court's decision, you may appeal the decision on (he other party's claim. You may not appeal the decision on your own claim. However, ii any party appeals, there will be a new trial on allthe claims. If you appeared at the trial, you must begin your appeal by tiling a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice oi Entry of Judgmentwas mailed or handed to you. Your appeal will be in the superior court. 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 not go to the trial, you may ask the court to vacate or cancel the judgment. To make this request, you must lile a Motion to Vacate me Judgment (form 50-135) and pay the required fee within 30 days after the date this Notice of Entry of Judgmenrwas mailed. ll your request I’s denied, you then have 10 days from the date the notice of denial was mailed to file an appeal. The period to file the Motion to Vacate the Judgment is 180 days if you were not properiy served with the claim. The 180-day period begins on the date you found out or should have found out about the judgment against you. IF YOU WON THE CASE . .. 1. If you were sued by the other pany and you won the case, then the other party may not appeal the court‘s decision. 2. [f 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 court papers or for serving the ludgment debtor. These extra costs can become part oi your original judgment. To claim these fees, ask the clerk for a Memorandum of Cosrs‘ b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. lt your claim was for possession of property, ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. C. STATEMENT 0F ASSETS If the }udgment debtor does not pay lhe money, the law requires the debtor to ml out a form called the Judgment Debtor's Statement of Assets (form 80-133). This form will tell you what property the judgment debtor has that may be available t0 pay your claim. If the judgment debtor wiilfully tails to send you the completed form. you may file an Application and Order ro Produce Statement of Assets and (o Appear {or Examination (form 80-134) and ask the court to give you your attorney's fees and expenses and other appropriate relief, after proper notice, under Code of Civil Procedure section 708.170. ORDER OF EXAMINATION You may also make the debtor come lo coun 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 tee if a raw officer serves the order 0n the judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Smal! Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-002). . WRIT 0F EXECUTION After you find out about the judgment debtor‘s property. you may ask the court for a Writ of Execution (form EJ-TSO) and pay the required fee. A writ of execution is a court paper that tells a law officer to take property of the 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, auiomobile. buslness property, or rental income. For some kinds of property, you may need to file other lorms. See the law oificer for information. ABSTRACT OF 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 the property is sold. You can get a lien by filing an Abstract of Judgment (form EJ-001) with lhe county recorder in the county where the property is located. The recorder will charge a tee 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.3 2050082765 ACKNOWLEDGEMENT 0F SATISFACTION OF JUDGMENT (Do nor use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: I am the U Judgment creditor D assignee of record. [agree that the judgment in this action has been paid in full or olhenvise satisfied. Date: (TYPE OR PRINT NAME) p (SKSNATURE) 55430 'ReVJU'V “ 2W1 NOTICE OF ENTRY 0F JUDGMENT ”399“” (Small Claims)