Dismissal Entire ActionCal. Super. - 6th Dist.March 9, 2020A Name and Address of Conn SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. California 951 13 50-130 SMALL CLAIMS CASE NO.: 2080082862 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 L08 DEMANDANTES YDEMANDADOS: 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 reverse de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTlFF/DEMANDANTE (Name, street address. and {elephone number 0/ each): Jonathan Fargher 2890 Roop Road Gilroy CA 95020 Teleph one No: DEFENDANTIDEMANDADO‘ (Name. sues: address, and telephone number of each): Lucas Paving Inc Serve on Craig Anthony Lucas 112 Center Avenue Pacheco CA 94553 Telephone No.: Telephone No. Terephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 14. 2020 NOTICE OF ENTRY OF JUDGMENT Judgmentwas entered as checked below on 10/14l2020 1. D Defendant (name, if more than one): Lucas Paving lnc. shall pay plaintiff (name, if more than one): Jonathan Fargher principal and: $ costs on plaintiff’s claim. Defendant does not owe plaintiff any money on plaintiff‘s claim. Plaintiff (name, if more than one): Jonathan Fargher shall pay defendant (name, ifmore than one):Lucas Paving lnc. $ principal and:$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession of the following property is awarded t0 plaintiff (describe property): 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. Dismissed in court D with prejudice. g without prejudice for non appearance Aflomey-Clienr Fee Dispute (Attachment to Notice of Entry of Judgment) (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 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 0fthe judgment is automatically postponed for30 days or, if an appeal is filed, until the appeal is decided. 12. D This notice was personally delivered t0 (insen‘ name and date): 13. CLERK'S CERTIFICATE OF MAILING-I 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 abo The mailing and this certification occurred at the place and on the date shown below. Hearing officer: Christine Copeland 2D3D 0501b EDD DUDE Place of mailing: San Jose. Califomia Date of mailing: 06/28/2021 C erk. . Deputy Stacie M’arshall \J The county provides small claims advisor services free of charge.\Read the information sheet on the reverse. \ Code o! Civil Procedures §1 16.610Form Adopted for AlternaL‘we Mandatory Use www/coum‘nfo. ca. go vJudlda! Council of California NOTICE OF ENTRY OF JUDGMENT sc-130 [Rev July 1. 2010] (Small Claimg) 7 SC-130 INFORMATION AFTER JUDGMENT | INFORMACION DESPUES DEL FALLO DE LA CORTE Your small ciaims case has been decided. Thejudgment or decision of the court appears on the front of this sheet. The court may have ordered one party lo pay money to the other party. The person (or business) who won the case and who can collect the money 1’s called thejudgment 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 or take any action until this period is over. Generally, both parties may be represented by lawyers after judgment. IF YOU LOST THE CASE . . . ‘l. 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. 2. 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 foltowing 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 lo 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 coufl's decision. you may appeal the decision on me 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 musrbegin your appeal by filing a form called a Notice of Appeal (form 50-1 40) 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 trial and you must present your evidence again. You may be represented by a lawyer. c. VACATE 0R CANCEL THE JUDGMENT If you did not go to the trial. you may ask the oourt to vacate or cancel the judgment. To make this request. you must file a Motion to Vacate the Judgment (form 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 denial was mailed t0 file an appeal. The period to file the Motion to Vacate the Judgment Is 180 days if you were not properly served with the claim. The 180-day period begins on the date you found out or shoutd 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 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 lo 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 0f 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 return the property to you. THE COURT WILL NOT COLLECT THE MONEY 0R 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 80133). 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 80-1 34) and ask the court to give you your afiomey's fees and expenses and other appropriate relief, after proper notice, under Code of Civil Procedure section 708.1 70. ORDER 0F 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-1 25) and pay the required fee. There is 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 Clar’ms 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-1 30) and pay the required fee. A writ of execution is a court paper that tells a law officer to take property of the judgment debtor t0 pay your claim. Here are some examples 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 forms4 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 will be paid if the property [s 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 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‘: 2036082362 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. I agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE 0R PRINT NAME) > (SIGNATURE) 30-130 [Remy 1- 20101 NOTICE 0F ENTRY 0F JUDGMENT ”9° 2 °’ 3 (Small Claims) SC-1 30 sc-13o [Rev Ju1y 1. 2010] NOTICE OF ENTRY 0F JUDGMENT (Small Claims) Page 3 of3