Dismissal Entire ActionCal. Super. - 6th Dist.March 4, 2020Name and Address of Coun SC-1 30 SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 2080082828 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 la corte para reclamos judiciales menores. Si la corte ha decidldo en su contra y ha ordenado que usted pague dinero. 1e pueden quitar su salario. su dinero, y otras cosas de su propiedad, sln avlso adicional por parte de esta corte. Lea el reverso de este formulario para obtener infomacién de importancla acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, andrelephone number of each): Mia Romo 1020 Wenu Drive GILROY CA 95020 DEFENDANT/DEMANDADO‘ (Name. street address. and telephone number of each): Oscar Alvarado Martinez 5825 Monterey Frontage Rd GILROY CA 95020 Telephone No: Telephone No.: Home: 408-840-9279 Oscar Alyarado 'nez 5825 Monter rontage Rd GILRO 95020, Telephone No. Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 21, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 10/21/2020 1. 999 DUE! Awms DUDE D Defendant (name, ifmore than one): Oscar Alvarado Martinez shaII pay plaintiff (name, ifmore than one): Mia Romo principal and: $ costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiffs claim. Plaintiff (name, ifmore than one): Mia Romo shall pay defendant (name, ifmore than one):Oscar Alvarado Martinez $ principal and2$ costs on defendant‘s claim. Plaintiff does not owe defendant any money on defendant's claim Possession of the following property is awarded to plaintiff (describe properfy): 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. lf any payment is missed. the entire balance may become due immediately. Dismissed in court D with prejudice. E without prejudice Attomey-Client Fee Dispute (Attachment to Notice of Entry ofJudgment) (form SC-1 32) is attached. Other (specify): . This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor‘s operation ofa motor vehicle. If the judgment is not paid. the judgment creditor may apply to have the judgment debtofs driver‘s license suspended. D D . Enforcement of thejudgment is automatically postponed for 30 days or. if an appeal is filed, until the appeal is decided. 12. 13. D This notice was personally delivered to (insert name and date): CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Entry of Judgment was mailed first cIass, 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: 10122l2020 Clerk. by , Deputy S‘ha’nfel Hernandez The county provides small claims advisor services free of charge. Read the information sheet on the reverse. J Form Adopted for Allemaliva Mandatory Use Judicial Council of California 50-130 [Rev July 1. 2010] Code of Civil Procedures §1 16.610 mw/courfinfo.ca.govNOTICE OF ENTRY 0F JUDGMENT (Small Claims) SC-1 30 INFORMATION AFTER JUDGMENT l INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision of the coun appears on the front ofthis 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 credltor. 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 . . . 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. If your claim was for possession of property. ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE 2. If you lost the case and the court 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 do one of the following things: c. STATEMENT OF ASSETS a. PAY THE JUDGMENT lfthe judgment debtor does not pay the money. the law The law requires you to pay the amount of the judgment. requires the debtorto fill out a form salted the Judgment You may pay the judgment creditor directly, or pay the Debtor's Sta!ementofAssets(form SC-133).This form willtell judgment to the court for an additiona1 fee. You may also you what property the judgment debtor has that may be ask the court to order monthly payments you can afford. available to pay your claim, If 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 ofAssets 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 claim. 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. after proper notice, under Code of Civil there will be a new trial on all the 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 80-1 40) and pay the required fees . ORDER 0F EXAMINATION within 30 days after the date this Notice of Entry of You may also make the debtor come t0 court to answer Judgmentwas mailed orhanded 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 c1erk for an Application and Order for Appearance and present your evidence again. You may be represented by a Examination (Enforcement of Judgment) (form EJ-125) and lawyer. pay the required fee. There is a fee if a law officer serves the c. VACATE 0R CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the If you did not go to the triat, you may ask the court to vacate judgment debtors financial records. Ask the clerk for the Smafl or cancel thejudgrnent. To make this request, you must file C/aims Subpoena and Declaration (form 80-107) or Civil a Motion to Vacate me Judgment (form SC-1 35) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Notice of Entry of Judgment was mailed. If your request is denied, you then . WRIT OF EXECUTION have 10 days from the date the notice of denial was mailed After you find out about the judgment debtofs property. you to fife an appeal. The period to file the Motion f0 Vacate the may ask the court for a Wn‘t of Execution (form EJ-1 30) and Judgment is 180 days if you were not property served with pay the required fee. A writ of execution is a court paper that the claim. The 1BO-day period begins on the date you found tells a law officer to take property of the judgment debtor t0 out or should have found out about the judgment against pay your claim. Here are some examples of the kinds of you. property the officer may be able to take: wages, bank IF YOU WON THE CASE. > _ account, automobile, business property. or rental Income. 1. If you were sued by the other party and you won the case, then the other party 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 sewing the judgment debtorl These extra costs can become part of your originat judgment. To claim these fees, ask the clerk for a Memorandum of Costs. For some kinds of property. you may need to file other forms. See the law officer for information. ABSTRACT 0F 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 the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract ofJudgmenr, 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 10 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.2 205C082828 ACKNOWLEDGEMENT 0F SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: I am the D judgment creditor D assignee of record. I agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) > (SIGNATURE) 80-130 [Rev July 1, 201a] NOTICE OF ENTRY OF JUDGMENT PagaZon (Small Claims)
