Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.March 3, 2020Name and Address of Court 50-130 SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE No.1 205C082803 NOTICE TO 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 YDEMANDADOS: Su caso ha sido resuelto por Ia corte para recIamos 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 reverse de este forrnulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, am telephone number of each); Adrian Garfias 5655 Silver Creek Valley Road #676 DEFENDANTIDEMANDADO' (Name, street address, and refephone number of each): Essex The Cariyle Aka: Essex Property Financial Corporation SAN JOSE, CA 95138 D See attached sheet for additional plaintiffs and defendants SO: Anne Morrison I Agent I Service I Process 1100 Park Place, Suite #200 SAN MATEO, CA 94403 (/ORDER 0N SUBMITrED MATTER> [ Date of Hearing: 09/25/2020 BBOam D15] Hearing Officer: Hon. Commissioner Christine Copeland Judgment was entered as checked below on: 1. 9E 95-”? %9’>‘ 10. 11. 12. D This notice was personally delivered to (insert name and are): [ NOTICE OF ENTRY 0F JUDGMENT] 10/01/2020 D Defendant (name, ff more than one): shall pay piaintiff (name, if more than one): $ principal and: $ costs 0n plaintiffs claim. The Court determines that the Defendant does NOT owe the Plaintiff any money on the Plaintiff’s Claim. Plaintiff (name, if more than one): Adrian Garfias shall pay defendant (name, ifmore than one): Essex The Carlyle [Aka: Essex Property Financial Corporation ] $2,065.33 Principal + $50.00 Costs = $2,1 15.33 Total Judgment 0n The 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 propeny): D 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. D Dismissed in court D with prejudice. D without prejudice D Attorney-Client Fee Dispute {Attachment to Notice of Entry ofJudgment) (form SC-1 32) is attached.@g Other(specify): SeelAttached l Decision I Judgment I 0n I Matter Taken Under Submission. 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 debtor‘s dn‘vers license suspended. Enforcement 0fthe judgment is automaticatly postponed for 30 d r. if an appeal is filed, until the ap eaHadegided. “[ Written Notice To Both Parties Vla Mail 9/ LERK'S CERTIFICATE OF MAILING-l certify that I am no a party to this action This Notice of En gment was mailed first class postage prepaid. in a sealed envelope to the own above The mailing and this certification occ ed at the place and on the daflom below . Deputy é?“.65'33 ??WWEJ ME HEMm L_wlg Form Adopted for Alternative Mandatory Use Judicial Coundl of CaIi'omia 50-130 [Rev July 1. 2010] Code of Civil Procedures §116.610 mvw/coum’nfo.ca.gov NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) SMALL CLAIMS JUDGMENT Case Name: Garfias and Le v. Essex The Carlyle (AKA Essex Property Financial Corp.) & Essex The Carlyle (AKA Essex Property Financial Corp.) v. Garfias and Le (counter claim) Case Number: 208C082803 Date of hearing: 9/25/20 Plaintiff’s claim omitted a required party, the other tenant 0n the lease agreement, Monique Le. Defendant’s claim repeated the same mistake. Monique Le was present and all parties consented t0 amending the claim and counterclaim to add the omitted tenant. Defendant’s representative stated that Defendant’s name is Essex The Carlyle. Perhaps that is the case, but the lease agreement calls Defendant “Essex Management Corporation” and Plaintiff named Defendant as “Essex Property Financial Corp.” It appears that any company with the term “management” in its name is not an owner/landlord, but just a property management company. Defendant’s name for this Judgment shall be Essex The Carlyle AKA Essex Property Financial Corporation (0r ending in “Corp.” as an alternative). There was no proof that either claim was served on the other. Al] waived the defect in service and opted to proceed on 9/25/20. The claims were filed timely and venue is proper. Plaintiffs entered into a lease with Defendant. The term was 6/4/ 16 through 7/3/ 17. The security deposit was only $500.00, while rent was $2084.00 per month. The [ease provides for an early termination penalty of$2084.00. Plaintiffs unilaterally terminated the lease, and moved out 0n l/l 1/] 7 with n0 advance notice to Defendant. Plaintiffs have insufficient evidence to support a constructive eviction defense and/or t0 support their request that Defendant pay them $ I 0,000.00 for habitability issues. Defendant’s charges in its timely-sent “Move Out Statement” are supported by the evidence. It includes late fees, cleaning costs, unpaid rent and repair chaIges. After Plaintiffs’ security deposit is applied, Plaintiffs still owe $2065.33. Plaintiffs, jointly and severally, owe Defendant as shown below. Plaintiffs are owed Defendant is owed Demand $0.00 $2065.33 Costs $0.00 $50.00 + 0.00 Total $0.00 $21 15.33 The clerk shall attach this page to, or include the above 'nformation in, {he Judgment. Dated: 10/1/20 COMMISSIONER CHRISTINE COPELAND SC-13O 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 court may have ordered one party to pay money t0 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 thejudgment creditor cannot collect any money 0r 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 0n 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. If you lost the 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 court for 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 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 appeal 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 appeaI will be in the superior court. You wilt have a new trial and you must present your evidence again. Youmay be represented by a lawyer. c. VACATE OR CANCEL THE JUDGMENT 1f 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 (o Vacate the Judgmentfion‘n 80-135) and pay the required fee within 30 days after the date this Notice of Entry of Judgment was mailed. If your request is denied. you then have 10 days from the date the notice of deniat was mailed to file an appeal. The pen’od to file the Motion (o Vacate the Judgment is 180 days if you were not properfy 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 party and you won the case, then the other patty 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 court papers or for serving the judgment debtor. These extra 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. If your claim was for possession of property. ask the judgment debtor to retum the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS If the 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 SC-1 33). This form will tell you what property 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 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 708.1 70. 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 ls 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 SC-107} or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT OF 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 writ 0f execution Is a court paper that tells a law officer to take property of the judgment debtor to pay your claim. Here are some exampIes of the kinds of property 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 0r 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 the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract ofJudgment. NOTICE T0 THE PARTY WHO WON: As soon as you have been paid in full. you must fill out the form below and mait 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 | am the D judgment creditor D assignee of record. proper form. SMALL CLAIMS NO.: 2030082803 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do no! use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court | agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: mp5 0R PRINT NAME) y (SIGNATURE) 80-130 [Rev July 1. 2010] NOTICE OF ENTRY 0F JUDGMENT PagejOB (Small Claims)
