Dismissal Entire ActionCal. Super. - 6th Dist.March 2, 20201 3 133m and Address o! Com SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José. California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2080082788 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 dinero, le pueden quitar su salario. su dinero. y otras cosas de su propiedad, sin aviso adicional por parte de esta corte. Lea el reverso de este formulario para obtener informaclén de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name, street address, and telephone number o! each): Cesar Hernandez 1246 LaJolla Ave Apt B SEASIDE CA 93955 Telephcna No: DEFENDANT/DEMANDADO' (Name, sires! address, and telephone number of each}: Aaron Scott Umfleet 510 N 17th St SAN JOSE CA 951 10 Telephone No.2 U See attached sheet for additional plaintiffs and defendants Matilde Velasquez De Hernandez 1246 La Jolla Ave Apt B SEASIDE CA 93955 Telephone No. Teleph one No, Date of Hearing: February O4, 2021 Hearing officer: Erik S Johnson NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 02/04l2021 1. D Defendant (name, ifmore than one): Aaron Scott Umfleet shall pay plaintiff (name, if more than one): Cesar Hernandez; Matilde Velasquez De Hernandez $ 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): Cesar Hernandez; Matilde Velasquez De Hernandez shall pay defendant (name, ifmore than one):Aaron Scott Umfleet $ 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 property 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. E Dismissed in court D with prejudice. E without prejudice for plaintiffs failure to appear. B. D Attorney-Client Fee Dispute (Attachment to Notice of Entry ofJudgment) (form SC-132) is attached. 9. D Other (specify): . 10. D This judgment resuits from a motor vehicle accident on a Catifornia 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 debtor's driver's license suspended. 1. Enforcement of the judgment is automatically postponed for 30 days or, if an appeal is filed. until the appeal is decided. 2. D This notice was personatly delivered to (insert 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 mailing and this certification occurred at the place and on the date shown below. Place of mailing: San Jose, California Date of mailing: 02/04/2021 Stacie Marshall The county provides small claims adviser services free of charge. Read the information sheet on the reverse. Forrn Adopted for Altema13ve Mandatory Use Judicial Council of Califomia 501.30 [Rev Juiy ‘I. 2010] Code of Civil Procedures §115.510 www/courfinfo.ca,gov NOTICE OF ENTRY OF JUDGMENT (Small Claims) SC-130 INFORMATION AFTER JUDGMENT INFORMA CION 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 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 ofthe judgment Is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this period is over. Generally, both parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE . .. 1. If you lost the case on your own claim and the court did not award you any money. the court's decision on your clalm is FINAL. You may not appeal your own claim. If you lost the case and the court ordered you to pay money. your money and property may be taken lo pay the claim unless you do one ofths following things: a. PAY THE JUDGMENT The law requires you to pay the amount of the judgment. You may pay the judgment creditor directly. 0r pay the judgment to the court for an additional fee. You may also ask the court to order monthly payments you can afford. Ask the derk for information about these procedures. b. APPEAL If you disagree with the court's decision. you may appeal the decision on the 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 must begin your appeat by filing a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was 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 fite a Motion to Vacate the Judgment (form SC-1 35) and pay the required fee within 30 days after the date this Notice of Entry of Judgmenrwas mailed. If your request Es 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 i5 180 days if you were not propedy served with the claim. The 180-day period begins 0n the date you found out or should have found out about the judgment against you. IF YOU WON THE CASE . .. 1. lf you were sued by the other party and you won the case. then the other party may not appeal the court's decision. 2. It 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 sewing the judgment debtor. These ex1ra costs can become part of your original judgment. To claim these fees. ask the clerk for a Memorandum of Costs. b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. lf your claim was for possession 0f property. ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS lithe judgment debtor does not pay the money, the law requires the debtor to fill out a form called the Judgment Debtor's Statement ofAssets (form 80-1 33). This form will tell you what property the judgment debtor has that may be available to pay your claim. lf the judgment debtor willfully fails to send you the completed fon'n, you may file an Appiication and Order to Produce Statement ofAssets and to Appear for 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 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 I’s 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-OOZ). . 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-130) and pay the required fee. A wn't of execution is a court paper that tells a Jaw officer to take property of the judgment debtor lo pay your claim. Here are some examples of the kinds 0f property the officer may be abte to take: wages, bank account. automobile. buslness 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 lien on the property so that you wiII be paid If the property is sold. You can get a lien by filing an Abstract of Judgment (form EJ-OO1) with the county recorder In the county where the property is located. The recorder will charge a fee for the Abstrac! 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. To | am the D judgment creditor SMALL CLAIMS No.1 2086082788 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) the Clerk of the Court: D assignee of record. I agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (I'YPE OR PRINT NAME) y (SIGNATURE) 80-130 [REV July 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT Page 2 of 2 (Small Claims)