Dismissal Entire ActionCal. Super. - 6th Dist.March 11, 2020Name and Address of Court $0.1 30SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 2080082895 NOHCETOALLPLNNTWFSANDDEFENDANTS: AWSOAIDDOSLOSDEMANDANTESYDEMANDADoa 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. 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 reverso de este formulario para obtener infonnacién de importancia acerca de sus derechos. PLAiNTlFFfDEMANDANTE (Name. street address, and telephone number of each): DEFENDANTIDEMANDADO' (Name. street address, and telephone number of each): Rodney Morgan Jesenias Janitorial P0 Box 4001 slo Osvaldo Lopez SANTA CLARA CA 95056 440 Toyon Dr SAN JOSE CA 951 27 TeWephone No: Telephone No.2 Home: 408-926-7520 Telephone N04 Telephone No, D See attached sheet for additio‘nal plaintiffs and defendants Date of Hearing: October 01, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below 0n 10/01/2020 1. 93.0"? AQWN DUDE U Defendant (name, if more than one): Jesenias Janitorial shall pay plaintiff (name, ifmore than one): Rodney Morgan principal and: $ costs on plaintiff’s claim. D Defendant does not owe plaintiff any money on plaintiff‘s claim. U Plaintiff (name, if more than one): Rodney Morgan shall pay defendant (name, ifmore than one):Jesenias Janitorial $ principal and:$ costs on defendant's claim. D Plaintiff does not owe defendant any money on defendant's claim D Possession of the following property is awarded to plaintiff (describe propedy): U 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. E 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 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 dn'vefs license suspended. . Enforcement ofthejudgment Is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. D This notice was personally detivered t0 (insert name and date): CLERK'S CERTIFICATE 0F MAILING-I certify that l am not a party to this action. This Notice of Entry of Judgmenrwas 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: 03/22/2021 fly Clerk, by flAnn Vizconde L The county provides small claims advisor services free of charge. Read the information sheet on the reverse. l Judicial Council of California Forrn Adopted forAltemaIive Mandatory Use NOTICE OF ENTRY 0F JUDGMENT Code ofCivil Procedures §116.610 50-130mm JuryLzom] (Small Claims) nww/courtinfoca.gov SC-1 30 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. Thejudgment 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 the judgment debtor. . Enforcement of lhejudgment is postponed until the time for appeal ends 0r until the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this period is over. Generaliy. both panies may be represented by lawyers aflerjudgment. IF YOU LOST THE CASE . . . 1. 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 ciaim is FINAL. You may not appeal your own claim. 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 serving 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 PAYMENT Ask the judgment debtor to pay the money. 1f your claim was for possession of property, ask the judgment debtor to retum 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 propeny may be taken to pay the claim unless you do one 0f the following things: c. STATEMENT 0F ASSETS a. PAY THE JUDGMENT If thejudgment debtor does not pay the money. the law The law requires you to pay the amount of the judgment. requires the debtor to fill out a form called the Judgment You may pay the judgment creditor directly. or pay the Debtor‘s StatementofAssetonrm SC-133).Thisform will tell judgment to the court for an additional fee. You may also you what property the judgment debtor has that may be ask the court t0 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 Io Produce Statement of Assets 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 notappeal 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 Civii there will be a new trial on all the c1aims. 1f you appeared at Procedure section 708.170. the trial, you must begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees ORDER 0F EXAMINATION within 30 days after the date this Notice of Entry of You may afso make the debtor come to court to answer Judgmenrwas mailed or handed to you. Yourappeal will be questions about income and property. To do this. ask the inthe superiorcourt.You will havea newtrialand 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 OR CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the lf you did not go to the trial. you may ask the court to vacate judgment debtors financial records. Ask the clerk for the Small 0r cancel the judgment. To make this request, you must file Claims Subpoena and Declaration (form 80-107) or Civil a Motion to Vacate the Judgment (form 80-1 35) and pay the Subpoena Duces Tecum (form SUBP-OO2). required fee within 30 days after the date this Notice of Entry of Judgment was mailed. [f 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 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 Execution (form EJ-1 30) and Judgment is 180 days if you were nor properly 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 raw 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 0f you. ~ property the officer may be able to take: wages, bank IF YOU WON THE CASE I t h account, automoblle, busmess property, or rental Income. For some kinds of property, you may need to file other forms. 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 is sold. You can get a lien by filing an Abstract of Judgment (form EJ-OU1) with the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract of Judgment. 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. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: 203C082895 ACKNOWLEDGEMENT 0F 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. I agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: h (TYPE OR PRINT NAME) (SIGNATURE) 50130 [Rev July 1, 2010] Page 2 at 2NOTICE OF ENTRY 0F JUDGMENT {Small Claims)