Judgment Satisfaction

Cal. Super. - 6th Dist.March 2, 2020

y r; -y" SC-1 30 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small dafms case has been decided. The judgment or decision of the court appears on the 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 wse and who can wllect the money is called the judgment creditor. The person (or business) who lost the mse and who owes the money is called the judgment debtor. Enforcement of the judgment is postponed until the fime for appeal ends or until Xhe appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this period is over. Generaily. both parties may be represented by lawyers after judgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 1. If you lost the wse on your own dafm and me court did not Ask mejudgment debtor to pay ma money. Ilyour dalm was award you any money. the court's decision on your dalm Is for possession of property. ask mejudgment debtor to relum FINAL. You may not appeal your own daim. the propeny to you. THE COURT WILL NOT COLLECT THE 2. If you lost the case and the court ordered you to pay money. MONEY OR ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay me claim unless you do one of the following things: c. STATEMENT 0F ASSETS a. PAY THE JUDGMENT If the judgment debtor does not pay the money. the law The law requires you to pay the amount of the judgment. requlres the debtorto fill om aform called the Judgment You may pay the judgment creditor directly. or pay the Debtor‘s Starement ofAsseronrm SC-133).Thls form will tall judgment to the court for an additional fee. You may also you what property tha judgment debtor has that may be ask the court to order monthly payments you can afford. avaiIable to pay your claim. if the judgment debtor willfully Ask the dark forinforrnation aboutrhese procedures. fails to send you the completed form. you may file an br’ APPEAL - - Application end Order to Produce Statement of Assets and to If you disagree with the court's decision. you may appeal the Appear for Examination (fon’n SC-1 34) and ask the court to decision on the other party's claim. You may not appeal the give you your attumey's fees and expenses and other decislon on your own claim. However. [f any party appeals. appropriate relief. afler proper notice. under Code of Civil there will be a new [fial on afl the claims. If you appeared at Procedure section 708.170. the Ln'al. you mus! begIn your appeal by filing a form called a Notice of Appeal (form SC-140) and pay the required fees d. ORDER OF EXAMINATION withln 30 days after the date this Notice of Entry of You may also make me debtor come to court to answer Judgmentwas malted or handed to you. Your appeal will be questions about Income and property. To do this. ask the In the superior court. You will have a new trial and you must clerk for an Application and Order for Appearance and present your evidence again. You may be represented by a Examination (Enforcement a! Judgment) (fonTI EJ-125) and lawyer. pay the required fee. There ls a fee if a law officer serves the c. VACATE 0R CANCEL THE JUDGMENT order on the Judgment debtor. You may aIso obtain the If you did not go to the trial. you may ask the court to vacate judgment debtors financial records. Ask the dark for the Small or cancel thejudgment. To make this request. you must fire Claims Subpoena and Declaration (form 80-107) or CM! a Motion to Vacate (he Judgment (form 50-135) and pay me Subpoena Ducos Tecum (form SUBP-OOZ). required fee within 30 days after the dale this Notice of Entry of Judgmen! was mailed. If your request is denied. you then e. WRIT OF EXECUTION have 10 days from the date the notice of denial was mailed Afler you find out about the Judgment debtor's propeny. you to file an appeal. The period to file the Motion to Vacate the may ask the court for a Writ of Execution (form EJ-130) and Judgment is 180 days if you were nor propedy served with pay the required fee. A wrlt of execution is a court paper that the claim. The 180-day period begins on the date you found tells a law officer to take property of the Judgment debtor to out or shou1d have found out about the judgment against pay your dalm. Here are some examples of the kinds of you. ‘ property the officer may be able to lake: wages, bank account. automobile. business property, or rental Income.'FVOUWONTHECASE~ F kidsor me edt fiI m frms 1. If you were sued by the other party and you won the case. then Sggsiggwgfficer $03,133,523;an "e o B o er o ' the other party may not appeal the court's men. ELh . If you won the mse and the court award you mone ragp E335 F161- OF JUDGMENT some steps you may take to collect :yo possession of your property. a. COLLECTING FEES AND INTERES Someljmac tees are charged for filing court pa serving the judgment debtor. These extra costs mney °r 99‘ imam debtor may own land or a house or other ugh: You may want to put a lien on the property so thm JAM g .I lrbe paid If the property ls sold. You can get a Hen by r r ' - a become lung‘k"*‘an Abstract of Judgment (form EJ‘001) vmh ma county recorder in the county where the property is located. The Cofifirder will charge a fee for the Abstract of Judgment. clerk for a Memorandum of Costs. Sumfing, .i r v M Qanmflqm NOTICE T0 THE PARTY WHO WON: Afléenas. ‘ _ 7 Mk 111.1531DSIMUQ fill out the form below and mail it to the court immediately or you will be fined. If an Abstract of udamegt _ ,Fleésffiorded. you must use another form: see the clerk for the proper form. 5V! I I SMALL CLAIMS N0; 1ascoa1750 2 0 S CACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do no: use this {01m ifan Abstract ofJudgmenr has been mcorded.) To the Cle ftha Court: | arn mefigment ueditor D assignee of record. | agree that the judgment In this action has been paid in full or otherwise satisfied. Dale: sATuMM, Mas 1,1 20;, g I Z E / mp5 0R PRINT NAME) fi'” / (SIGNATURE) Fflébemck AcneufiTAugY PAUL, F , 501‘s, cflfl 50m IRMW 1- ”‘01 NOTICE 0F ENTRY 0F JUDGMENT "9°? °' 2 (Small Claims) gflyenafcafiacogfiuar 0F CALIFORNIA order issued ‘ sc-1 30 1 comm 0F SANTA CLARA 0n Submitted Matter91 North First Street San José. CallfomIa 951 13 SMALL CLAIMS CASE N0.: 1930081750 Su c350 ha sldo resuelto por la corte para reclamos judlclalas menores. Si la corte ha dacldldo en Bu contra y ha ordenado qua usted pague dlnero, Ia pueden qultar su salario, su dlnaro, y otras cosas de au propledad. sin avlao adiclonal por pane de esta corte. Lea el reverse de este fon'nularlo para obtener Informaclén do lmportancia acerca d9 sus derechos. 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. PLAINTIFF/DEMANDANTE (Name. streetamms; and telephone number or each): DEFENDANTIUEMANDADO' (Name. metWm”. and motions rumba o! each): Frederick Accountancy FSB Inc Peter Pham 900 Lafayette Street, Ste 201-16 1956 James Place SANTA CLARA, CA 95050-4966 SAN JOSE, CA 95125 Taipngrf No: 7 Teiephone No.1 Horne: 403-628-0409 Telephone No. Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: January 29. 2020 Hearing officer: Roger Borovoy NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 01/29/2020 1. 1 1 9’5".“ ‘59P.“ E Defendant (name, if more than one): Peter Pham shall pay plaintiff (name, ifmow than one): Frederick Accountancy FSB. Inc. $4.182.69 principal and: $125.00 costs on plaintiffs claim. D Defendant does not owe plaintiff any money on plaintist claim. D Plaintiff (name, ifmore than one): shall pay defendant (name, ifmore than one): pfinclpal andz$ costs on defendant's claim. D Plaintiff does not owe defendant any money on defendant‘s claim D Possession of the following property is awarded to plaintiff (describe property): D Payments are to be made at the rate oh $ per (specify period): beginnlng on (date. and on the (specify day): day of each month thereafter until paid In full. if any payment ls missed. the entire baTance may become due immediately. D Dismissed in court D with prejudice. D without prejudice D Aflorney-Clienr Fee Dispute (Attachment (o Notice ofEntry ofJudgrnent) (form 30-132) ls attached. D Other (specify): . 0. 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 credftor may apply to have the judgment debtor‘s drivefs license suspended. 1. Enforcement ofthe judgment is automaticaliy postponed for 30 days or. if an appeal is filed. until the appeal is decided. 2. D This notice was personally delivered to finserf name and date): 3. CLERK'S CERTIFICATE OF MAILING-l certify that | 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 malllng and this certification occurred at the place and on the date shown below. Place of mailing: San Jose. Califomla Date of mailing: 01/31/2020 flClerk. by . Deputy Ma'figle C stellon The county provides small claims advlsor services free of charge. Read the Informatlon Sheekxon the reverse. FonnAdoptedforAflsmau‘ve MandatoryUsa NOTICE OF ENTRY OF JUDGMENT Codedavu Howdumsgtmelo Judidal Came] of Cdifa'nia m/oowmtoxagov sc-1ao [Remy 1,2010) (Small Claims) SiJPERIbR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DEFENDANT/APPELLANT: ADDRESS: PETER PHAM 1956 JAMES PLACE SAN JOSE, CA 95125 PLAINTIFF/RESPONDENT: ADDRESS: FREDERICK ACCOUNTANCY (PAUL SOTO) 900 LAFAYETTE ST., STE 201-16 SANTA CLARA, CA 95050 Clerk of the Court Superior Cour! 01' CA County of Santa Clara BY Pnam DEPUTY DECISION 0N SUBMITTED MATTER JUDGMENT AFTER TRIAL DE NOVO FROM JUDGMENT OF THE CASE NUNIBER: SMALL CLAIMS COURT 20$C082781 COURT REPORTER: NOT REPORTED An Appeal from a JUDGMENT 0fthe SMALL CLAIMS COURT OF SANTA CLARA COUNTY LIMITED COURT, STATE OF CALI_F_ORNIA, du1y_came on for hearing befor_e HQNORABLE Mary_E. Arand, Judge of the Superior Court, in Courtroom N0 9 0n September 4, 2020. CLERK: C. PHAM The Appellant g APPEARED E DID NOT APPEAR D BY/WITH COUNSEL. and Respondent E APPEARED |:] DID NOT APPEARD BY/WITH COUNSEL. E Evidence having been adduced and the cause argued and submitted t0 the Court for decision: It is ORDERED, ADIUDGED AND DECREED thatjudgment is rendered, as follows: E PIaintiff/Respondent Frederick Accountancy FSB, Inc. SHALL RECOVER FROM Defendant/ Appellant PeterPham the sum of $4,182.69 PLUS $125.00 COSTS FOR A TOTAL JUDGMENT OF $4,307.69. D EXHIBITS ARE ORDERED RETURNED TO THE PRESENTING PARTY. E EXHIBITS ARE ORDERED RETURNED T0 THE PRESENTING PARTY AND MAILED WITH THE COPY OF THIS JUDGMENT. E OTHER: Plaintiff established the amount 0f hours billed and the work done accofding to the terfns of the contract between the parties. Defendant claimed overbilling and mistakes in the accounting and preparation of the tax returns. Defendant did not provide sufficient proof of any breach of contract, negligence 0r overbilling, and the Court finds in'favor 0f the Plaintiff in the amount claimed. Exhibits remaining in the bustody of the clerk of the court 60 days afier the date of this order will be destroyed. Dated: November 30, 2020 my 5-WM ‘MARY E. ARAND JUDGE 0F THE SUPERIOR COURT NOTICE OF ENTRY 0F JUDGMENT and CERTIFICATION OF MAILING I certify that I am not a party t0 this action, and that a true cepy ofthis Judgment was served by first class mail, postage prepaid, addressed as showu on the attached Proof 0f Service and mailed on the date shown on said Proof. Notice is hereby given thatjudgment in the above entitled matter was entered pursuant t0 CCP 668.5 0n the date shown below. Dated: Ja’l’flo CLERK OF THE COURT, C. Pham Deputy '11-. sander elm - clue ofl Oooré finM‘. Ww’bk. I ' '~-. 94/0; 3mg Jaw: lac 202! MI Cécég 01° “593781- w w SECURITY FEATURES INCLUDE THUE WATERMAHK EAPERVHEAESENSITWE ICON i . m - +4 w -='r- dv-r-wfi-vw-‘M-w-j . . MJLP Inc. DEA Bafi’igsfi'z'fiafl"? TEASPOON CAMPBELL " E .5 E PAY To THE Frederick Accountancy ‘ I $ “4,307.69 é ORDEROF ‘ o poo e a a Four thousand three hundred seven and 69I100 """""""""""""""""""""'"'"m'e'm":"""""""""""" Q : - .. DoLLAns SB???" §?°%”tm28611°’éea aye e - aJALIB VA'UDW 2: Santa Clara CA 95050 mm”. v E : Ana ydfinfl E MEMo EEEVALIM . g dhsefi- 200$g‘L-78LF __ __ .‘ - 5 PDDLDETM j: receives! GMLA fibWL ?QQVMOWIJIZ MJLWMO FéTéA WM