Dismissal Entire ActionCal. Super. - 6th Dist.March 5, 2020Name and Address of Conn SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North FirstStreet San José, California 95113 80-130 SMALL CLAIMS CASE NO.: 2030082842 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 AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sldo resuelto por la 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 esteimportant information about your rights. formulario para obtener informaclén de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, and telephone number of each): The Ford Store Morgan Hill 17045 Condit Rd MORGAN HILL CA 95037 Telephone No: Tdephone No‘ D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO‘ (Name. sUee! address, and telephone number o! each): South County Collision Center sfo Alejandro Urbina 16540 Railroad Ave Ste 100 MORGAN HILL CA 95037 TeIephone No.1 Work: 408-7734 760 Teleph one No. Date of Hearing: October 26. 2020 Hearing officer: Christine Copéland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 10/2612020 1. D Defendant (name, if more than one): South County Collision Center shall pay plaintiff (name, if more than one): The Ford Store Morgan Hill principal and: $ costs on p¥aintifl”s claim. 2. D Defendant does not owe plaintiff any money on plaintiff‘s claim. 3. D Plaintiff (name, if more than one): The Ford Store Morgan Hill shall pay defendant (name, if more than one):South County Collision Center $ principal and:$ costs 0n 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 (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. ' T. E Dismissed in court D with prejudice. E without prejudice 8. D Aflorney-Clien! Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-1 32) is attached. 9. D Other (specify): . 10. D 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 debtor’s drivefis license suspended. 11. Enforcement of the 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 dare): 13. CLERK'S CERTIFICATE OF MAILING-l certify that I 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. 1])W ShanteT’Hemandez Place of mailing: San Jose. California Date 0f mailing: 11/03/2020 Clerk. by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. l Form Adopted for Altemative Mandatory Use Judicial Council of California SC-1 30 [Rev July 1. 2010] NOTICE OF ENTRY 0F JUDGMENT (Small Claims) www/couninfo. cagov Code of Ovil Procedures §116.610 I SC-1 30 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. Thejudgment 0r decision of the court appears on the front of this sheet. The court rnay 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 (0r business) who lost the case and who owes the money is called the judgment debtor. Enforcement of lhejudgment 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 untii 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 0n your own cfaim and the court did not Ask the judgment debtor to pay the money, If your claim was award you any money. the coufl‘s decision on y0ur claim is for possession of property. ask thejudgment debtor to retum FINAL You may not appeal your own claim. 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 OR 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 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 0f the judgment. requires the debtorto fill out a form called the Judgment You may pay the judgment creditor directly. or pay the Debtor‘s SfatemenfofAssetonrm 80-133). 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. available to pay your claim. If the judgment debtor willfully Ask the clerk for information about these procedures. fails to send you the completed form, you may file an b. APPEAL Application and Order to Produce Statement ofAssets and to Ifyou disagree with the court's decision. you may appeal the Appear for Examination (form 80134) 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 d. ORDER OF EXAMINATION within 30 days after the date this Notice of Entry of You may also make the debtor come to court to answer Judgmentwas mailed 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 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 0n 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 records4 Ask the clerk for the Small or cancel thejudgment. To make this request, you must file Claims Subpoena and Deciaration (form 80-107) or Civil a Motion to Vacate the Judgment (form 80-1 35) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Nott'ce of Entry of Judgment 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 After 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 Writ of Execufion (form EJ-1 30) and Judgment is 180 days if you were not properly 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 examples of the kinds of you. property the officer may be able to take: wages. bank account. automobile, business property, or rental income. IF YOU WON THE CASE ‘ ‘ ' For some kinds of property. you may need to file other forms. 1, If you were sued by the other party and you won the case. then See the raw Officer for information the other party may not appeal the court's decision. 2. If you won the case and the court awarded you money. here are f, ABSTRACT 0F JUDGMENT some SFEPS yo“ may take t0 °°”e°t your money 0r get The judgment debtor may own land or a house or other possess'on 0f your pmperty: buildings. You may want to put a lien on the property so that a. COLLECTING FEES AND INTEREST you will be paid if the property is sold. You can get a lien by Sometimes fees are charged for filing court papers or for filing an Abstract of Judgment (form EJ-001) with the county serving thejudgmentdebtor.These extra costs can become recorder in the county where the property is located. The part of your original judgment. To claim these fees, ask the recorder will charge a fee forthe Abstract ofJudgment. clerk for a Memorandum of Costs. 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. lf an Abstract of Judgment has been recorded. you must use another form: see the c1erk for the proper form. SMALL CLAIMS NO.: 205C082842 ACKNOWLEDGEMENT OF SATlSFACTION OF JUDGMENT (Do nor use (his form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: lam the D judgment creditor D assignee of record. | agree that the judgment in this action has been paid in full or otherwise satisfied. Date: b (TYPE 0R PRINT NAME) (SIGNATURE) 5°43” [ReVJU'V 1'20”] NOTICE 0F ENTRY OF JUDGMENT P39“ °’2 (Small Claims)
