Dismissal Entire ActionCal. Super. - 6th Dist.March 4, 2020Name and Addresscf Cuun SC-1 30 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. California 95113 SMALL CLAIMS CASE NO.: 20$C082827 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small clalms 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 la corte para reclamos judiciales menores. Si la corte ha decldido 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 informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, srmer address, and telephone number of each): DEFENDANTI’DEMANDADO' (Name, street address, and telephone number of each): Rafael Romo OscarAlvarado Martinez 1020 Went Drive 5825 Monterey Frontage Rd GILROY CA 95020 GILROY CA 95020 Telephone No: Telephone No.1 Home: 408340-9279 Telephone No. Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 21. 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 10l21/2020 1. D Defendant (name, if more than one): Oscar Alvarado Martinez shall pay plaintiff (name, ifmore than one): Rafael Romo principal and: $ costs on plaintiff's claim. 2. U Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore than one): Rafael Romo shall pay defendant (name. ifmore than one):Oscar Alvarado Martinez $ 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 t0 plaintiff (descn'be property): 6. D Payments are to be made at the rate of: $ per (specifi/ 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 8. U Attomey-Client Fee Dispute (Attachment to Notice of Entry ofJudgment) (form 80-132) is attached. 9. D Other (specify): . 10. D This judgment results from a motor vehicte 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 driver‘s license suspended. 11. Enforcement ofthe judgment 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-I certify that | am not a party to this action. This Notice of Ently 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 place and on the date shown below. Place of mailing: San Jose. California Date of mailing: 10l22/2020 Clerk. by r , Deputy SlTa'h’tel Hernandez The county provides small claims advisor services free of charge. Read the information sheet on the reverse. I ismszzzts°xsmMmda°~”5° NOTICE OFENTRY OFJUDGMENT “Mmaaj sc-1aolaevJuIy1.2o1ol (Small Claims) 80-130 INFORMATION AFTER JUDGMENT 1 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 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 untii the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this pen'od is over. Generally. both parties may be represented by lawyers after judgment. ' IF YOU LOST THE CASE . , . b. VOLUNTARY PAYMENT 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 claim is FINAL, You may not appeal your own claim. Ask the judgment debtor to pay the money. lf your ciaim was for possession of property. ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE 2. 1f you lost the case and the coun ordered you to pay money. MONEY 0R ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay the claim unless you d0 one ofthe following things: c. STATEMENT OF ASSETS a. PAY THE JUDGMENT lfthe judgment debtor does not pay the money. the law The Iaw requires you to pay the amount of the judgment requires the debtorto fill out a form called the Judgment You may pay the judgment creditor directly, or pay the Debtors StatementofAssetsfiorm SC-133)This form willtell judgment to the court for an additional fee. You may also you what property the judgment debtor has that may be ask the court to order monthly payments you can afford. availabie to pay your claim, lf the judgment debtor willfully Ask the clerk forinformation aboutthese procedures. fails to send you the completed form. you may file an b. APPEAL Application and Order to Produce Statement of Assets and to If you disagree with the court's decision. you may appeal the Appear for Examination (form 80-134) and ask the court to decision on the other party's cfaim. You may not appeal the give you your attorney's fees and expenses and other decision on your own claim. However. if any party appeals. appropriate relief. afler proper notice, under Code of Civil there will be a new trial on allthe claims. If you appeared at Procedure section 708.170. the trial, you must begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees . ORDER 0F EXAMINATION within 30 days afler the date this Notice of Entry of You may also make the debtor come to court to answer Judgmentwas mailed orhanded to you‘ Your appeal will be questions about income and property. To do this. ask the inthe superiorcourtl You willhavea new trialand you must cierk for an Application and Order for Appearance and present your evidence again. You may be represented by a Examination (Enforcement 0f Judgment) (form EJ-125) and lawyer. pay the required fee. There is a fee if a law officer serves the c. VACATE OR CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the If you did not go to the trial, you may ask the court to vacate judgment debtors financial records. Ask the clerk for the Small or cancel the judgment. To make this request. you must fire Claims Subpoena and Declaration (form 86-107) or Civil a Motion to Vacate (he Judgment (form 80-135) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days afler the date this Notice of Enhy of Judgmentwas mailed. If your request is denied, you then . WRIT OF EXECUTION have 10 days from the date the notice of denial was mailed Afler you find out about the judgment debtor's property. you to file an appeal. The period to file the Motion to Vacate the may ask the court for a Wn’f of Execution (form EJ-130) and Judgment is 180 days if you were not propen’y served with pay the required fee. A writ 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 should have found out about the judgment against pay your claim. Here are some exampTes of the kinds of you. property the officer may be able to take: wages. bank IF YOU WON THE CASE I I ‘ account, automoblle, business property, or rental Income. 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. Ifyou won the case and the court awarded you money, here are some steps you may take to coHect your money or get possession of your property: aA COLLECTING FEES AND INTEREST Sometimes fees are charged for filing court papers or for sewing 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. For some kinds of property, you may need to fi1e other forms. See the law officer for information. ABSTRACT OF JUDGMENT The judgment debtor may own land or a house or oiher buitdings. You may want to put a lien on the property so that you will be paid if the property is soldA 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 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.: 203C082827 ACKNOWLEDGEMENT 0F SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recmded) To the Clerk of the Court: | am the U judgment creditor D assignee of record, | agree that the judgment in this action has been paid in fuil or otherwise satisfied. Date: (TYPE OR PRINT NAME) > (S1GNATURE) 80-130 [Rev July 1,2010] NOTICE 0F ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)
