Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.March 9, 2020”fiama end Address o! Coun SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 30-130 SMALL CLAIMS CASE NO.: 2080082870 NOTICE T0 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 Y DEMANDADOS: Su caso ha sido 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 reverse de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name; street address, and refiephone number of each): James Robert Mitchell 900 Villa Ave #A San Jose CA 95126 Telephone No: DEFENDANT/DEMANDADO‘ (Name, street address, and telephone number o! each): CAL-WESTERN PROP MGMT Serve on Michaela Coppock Property ManageriAgent 1270 S WINCHESTER BL #1 27 San Jose CA 95128 Telephone No.1 Terephone No. D See attached sheet for additional plaintiffs and defendants Te1eph one No. Date of Hearing: September 16. 2020 Hearlng officer: Christine Copeland NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 09/16/2020 1. 9.01;: EDD E Defendant (name, if more than one): CAL-WESTERN PROP MGMT shall pay plaintiff (name, if more than one): James Robert Mitchell $792.50 principal and: $0 costs on pfaintiff‘s claim. D Defendant does not owe plaintiff any money 0n plaintiff‘s claim. D Plaintiff (name, if more than one): James Robert Mitchell shall pay defendant (name, ifmore than one):CAL-WESTERN PROP MGMT $ principal and2$ costs on defendant's claim. Plaintiff does not owe defendant any money 0n defendant‘s claim Possession of the following property is awarded to plaintiff (describe property): Payments are to be made at the rate of: $ per (specify period): beginning on (dare. and on the (specify day): day of each monm thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. Dismissed in court U with prejudice. D without prejudice Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. Other (specify): . This judgment results from a motor vehicle accident 0n 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. DUDE . Enforcement 0fthe judgment is automatically postponed for 30 days or, If an appeal is filed, until the appeal is decided. . D This notice was personally delivered to (insert name and date): . CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party to this action. This Notice of Entry 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 0f mailing: San Jose, Califomia Date ofmailing: 03/22/2021 The county provides small claims adviser services free of charge. mm information sheet on the reverse. I Form Adopted for Alternative Mandatory Use Judidal Coundl of California 50-130 [Rev JuIy 1.2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) Code of Civil Procedures §1 16.610 www/coumnfo.ca.gov SC-130 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 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 thejudgment debtor. Enforcement of the judgment is postponed until the time for appeat ends or untit 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 after judgment. 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. 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 following things: a. PAY THE JUDGMENT The law requires you to pay the amount of lhe 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 (o 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 appears, there will be a new trial on all the claims. If you appeared at the ln‘al, you musrbegin your appeal by filing a fonn called a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgmenfwas 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 OR CANCEL THE JUDGMENT If you did not go t0 the trial. you may ask the court to vacate or cancel the judgment. To make this request, you must file a Motion (o Vacate me Judgment (form SC-185) and pay the required fee wilhin 30 days after the date this Notice of Entry of Judgment was mailed. 1f your request is denied. you then have 10 days from the date the notice of denial was mailed to file an appeal. The period to file the Motion to Vacate me Judgment Is 180 days if you were no! properly served with the claim. The 1BO-day pen’od begins on the date you found out or should have found out about the Judgment against you. 1F 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 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 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 PAYM ENT Ask the judgment debtor to pay the money. If your c1aim was for possession of property, ask the judgment debtor to relum 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 ofAssers (form SC-1 33). This fonn will tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor wiltfully 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 708.170. ORDER 0F EXAMINATION You may also make the debtor come to coun to answer questions about income and property. To d0 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 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 ' Claims Subpoena and Declaration (form 80-107) or Civif Subpoena Duces Tecum (form SUBP-OUZ). . WRIT OF EXECUTION After you find out about the judgment debtor's propefly. 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 lo pay your claim. .Here are some examples of the kinds of properly the officer may be able to take: wages, bank account, automobile, buslness property, or rental income. For some kinds of property. you may need to file other forms. See the law officer for information. ABSTRACT 0F JUDGM ENT The judgment debtor may own rand 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 ofJudgment. NOTICE TO THE PARTY WHO WON: A5 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.: 20$C082870 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do no! use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor U assignee of record. | agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) > (SIGNATURE) 55-130 [Remy 1-2010] NOTICE 0F ENTRY 0F JUDGMENT Paa°2°f3 (Small Claims) .‘45' SC-1 30 $33 3W3 80-130 [Rev July 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) Page 3 of 3