Dismissal Entire ActionCal. Super. - 6th Dist.March 9, 2020Name and Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 95113 SC-1 30 SMALL CLAIMS CASE NO; 20$C082888 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. [f 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 infomatlon about your rights. AVISO A TODOS LOS 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 do su propiedad, sin aviso adicional por pane de esta corte. Lea e1 reverso de este formulario para obtener infon'naclén de importancia acerca de sus derechos. PLA1NTJFFIDEMANDANTE (Name, slreer address, andtelephone number o! eadl): Grace Ramos ‘ 453 Coyote‘Creek Circle San Jose CA 95116 Telephone No: Telephona No. D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO‘ (Name, street address, and telephone number o! each): Dexter Fernandez 318 Avenida Nogales San Jose CA 95123 Telephone No.: Home: 408-466-2762 Telephone No. Date of Hearing: October 19. 2020 Hearing officer: Christine Copeland Judgment was entered as checked below on 10/19/2020 NOTICE OF ENTRY OF JUDGMENT 1. D Defendant (name, ifmore than one): Dexter Fernandez shall pay plaintiff (name, ifmore than one): Grace Ramos $ principal and: $ 1:] 3. D Plaintiff (name, ifmore than one): Grace Ramos costs on plaintiffs claim. Defendant does not owe piaintiff any money on plaintiffs claim. shall pay defendant (name, ifmore than one);Dexter Fernandez $ principal and2$ EDD Payments are to be made at the rate of: $ (specify day): balance may become due immediately. Dismissed in court D with prejudice. Other (Specify): costs on defendant’s craim. Plaintiff does not owe defendant any money on defendant‘s claim Possession of the following property is awarded to plaintiff (describe property): per (specify period): day of each month thereafler until paid in full. lf any payment is missed. the entire beginning on (date. E without prejudice Attorney-Clr'ent Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-1 32) is attached. DUDE debtor‘soperation ofa motor vehicle. If the This judgment results from a motor vehicle accident judgment is Ion a California highway and was caused by the judgment not have thejudgment debtor's driver's license suspended. 12. 13. . Enforcement ofthejudgment is automatically postponed for 30 days or. if an appeal is filed, until the appeal is decided. D This notECe was personally delivered to (inse/t name and dare): CLERK‘S CERTIFICATE OF MAILING-I certify that | am not a party to this action. This Notice of Entry ofJudgmentwas 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: 04/10/2021 Clerk, by I J , Deputy Melanw The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted torAltemative Mandatory Use Judldal Counu'l of California 80-1 30 [Rev July 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) and on the paid. thejudgment creditormay applyto Coda of CM Procedures §116.610 wwwicoum’nfom gov SC-1 30 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your sma1| claims case has been decided Thejudgment or decision 0f 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 until the appeal is decided This means that the judgment creditor cannot coilect any money or take any action until this period is over. Generally, both partles may be represented by lawyers afterjudgment. IF YOU LOSTTHE CASE . .. 1‘ If you lost the case on your own claim and the coun did not award you any money, the court's decision on your claim is FINAL. You may not appeal your own claim. 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 ofthe following 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 to lhe coun for an additional fee. You may also ask the court to order monthly payments you can afford. Ask lhe clerk for information about these procedures. . APPEAL Ifyou 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 appeals. there will be a new In‘al on allthe claims. If you appeared at the trial. you must begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was mailed or handed to you. Your appeaI will be in the supen‘or coun. You will have a new trlal and you must present your evidence again. You may be represented by a lawyer. . VACATE OR CANCEL THE JUDGMENT If you did nut go to the trial, you may ask the court to vacate or cancel the judgment. To make this request, you must file a Motion to Vacate the Judgment (form SC-135) and pay the required fee within 30 days afler the date this Notice ofEntry of Judgment was mailed. If 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 fire the Motion to Vacate the Judgment is 180 days If you were not pmperly served with the claim. The 180-day pen‘od begins on the date you found Out or should have found out about lhe judgment against you. IF YOU WONTHE 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. lf you won the case and the court awarded y0u money‘ here are some steps you may take to collec1 your money or get possession of your property: a. COLLECTING FEES AND INTEREST Sometimes fees are charged for filing couri papers ur for sewing the judgment debtor. These extra costs can become pan of your original judgment. To claim these fees, ask the clerk for a Memorandum of Costs. b‘ VOLUNTARY PAYMENT Ask the judgment debtor t0 pay the money. 1f your claim was for possession of property. ask the judgment debtor to return me property to you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU‘ CA STATEMENT 0F ASSETS lf [he judgment debtor does not pay the money. the law requires lhe debtor to fill out a form calred the Judgment Debtofis Statement ofAssets (fon'n 80-133). This form will tell you what property the judgment debtor has that may be available Io pay your claim. If the judgment debtor willfully fails to send you the compteted form. you may file an Application and Order to Produce Statement ofAssets 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 OF 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 (Enforternen! 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 Claims Subpoena and Declaration (form 80107) or Civii Subpoena Duces Tecum (form SUBPvODZ). . WRIT OF EXECUTION Afier you find out about the judgment debtor‘s property, you may ask the court for a Wn’t of Execution (form EJ-130) and pay the required fee. A wn't of execution is a court paper that tells a law officer lo take property of the judgment debtor to 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 olher forms. See the law officer for informatlon. ABSTRACT 0F JUDGMENT The judgment debtor may own land or a house or other buildings You may want to put a lien 0n the property so that you will be paid if lhe 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 w1‘ll charge a fee for the Abstract ofJudgment. NOTICE TO THE PARTY WHO WON: As soon as y0u 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.: 2030082888 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. Iagree that the judgment in this action has peen paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) I (SIGNATURE) 80-130 [Rev JLJy 1, 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)