Dismissal Entire ActionCal. Super. - 6th Dist.March 11, 2020Name and Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San Jose’, California 951 13 SC-1 30 SMALL CLAIMS CASE NO‘: 208C082895 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 he taken without further warning from the court. Read the back of thls sheet for important informatlon about your rights. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: judiciales menores. Si la cone ha decidido en su contra y Su caso ha sido resuelto por la corte para reclamos ha ordenado que usted pague dinero, 1e 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 formularlo para obtener infonnaclén de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, and telephone number or each): ¢ Rodney MorganP0 Box 4001 SANTA CLARA . CA 95056 No Appearance By The Plaintiff. Db D See attached sheet for additional plaintiffs and defendants Hearing Officer: Judgment was entered as checked below on: 10/012020 1. D Defendant (name, ifmore than one): shall pay plaintiff (name, if more than one): Hon. Commissioner Christine Copeland DEFENDANTIDEMMIDADO' (Name, sfree! address, andre/ephone number of each): Jesenia’s Janitorial SO: Osvaldo LopezIAgent 440 Toyon Avenue SAN JOSE, CA 95127 No Appearance 0n Behalf Of The Defendant. pk / [Date 0f Hearing: 10(01/2020 830am D15] I NOTICE OF ENTRY 0F JUDGMENT ] $ principa! and: $ costs on plaintiff’s claim. 2. D Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore than one): shall pay defendant (name, ifmore than one): $ principal and:$ 0301A EDD Payments are t0 be made at the rate of: $ (specify day). balance may become due immediately 0%Dismissed In Court 8.y Other (specify). No Appearances. costs on defendant‘s claim. Plaintiff does not owe defendant any money on defendant‘s claim Possession of the following property is awarded to plaintiff (describe propeny): per (specify period): day of each month thereafter until paid in full. beginning on (date. and on the If any payment is missed. the entire L gWithout Prejudice Attomey-Client Fee Dispute_(Attachment to Notice ofEntry of Judgment) (form SC--132) is attached. Case Is therefore Dismissed Without Prejudice. 10. D This judgment resuits from a motor vehicle accident on a California highway and was caused by the judgment paid.debtor's operation ofa motor vehicle. If the mailed frst class postage prepaid. in a sealed envelope to the p. ' this certification occurred at the place and on the date shown below. San Jose. California 10/01/2020 judgment is not have the judgment debtor's drivers license suspended 11 Enforcement of the judgment Is automatically postponed for 30 days o D This notice was personally delivered to (insert name and date)‘ éCLERK'S CERTIFICATE OF MAILING-l certify that | am not a p.=rty to this action. This Notice of Entry ofJudgment w. the judgment creditor may apply to ' an appeal Is filed untilthe appeai is u- '. . “[ Written Notice To Both Parties Via Mail ]“ -S at the addresses shown ._ u - -I Ing and s DepuwWW?’Q Kathy Davidson I The county provides small claims advisor services free of charge. Read the information sheet on the reverse. I Ema ?"flfi E; 565mg -‘ P’éi‘. a fl E I . . .1 r: - 32$ v» Q a M, 3.: :1. ’8 -; urn. 'x‘ ,_ rm L. J: , '1 ,3 . I t. u .1] ‘ 4 ;5 t. fié ; f - rv :1 11 r; a '3 v5 F {é~ u. a ws'. L- h '3 a macaw,3 Form Adopted for Alternative Mandatory Use Judicial Council of California 80130 [Rev July 1, 2010] NOTICE OF ENTRY OF JUDGMENT (Small Claims) Code of Civif Procedures §1 1 6.61 O mvw/coudinfocagov INFORMATION AFTER JUDGMENT I 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 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 collect any money 0r take any action until this pen'od is over. Generalty, both parties may be represented by lawyers afterjudgment‘ b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was IF YOU LOST THE CASE . . ‘ 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 claim is FINAL. You may not appeal your own claim. 1f 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 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 court's decision, you may appeal the decision on [he 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 must begin your appeal by filing a form called a Notice of Appeal (form 50-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgmentwas 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 againV 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 court to vacate or cancel the judgment. To make this request. you must file a Motion Io Vacate (he Judgment (form 80-1 35) and pay the required fee within 30 days after the date this Notice of Entry of Judgmentwas 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 file the Motion to Vacate (he Judgment Is 180 days if you were not pmperiy served with the claim. The 180vday period begins on the date you found out or should have found out about the judgment against you. IF YOU WON THE CASE ‘ H If you were sued by the other party and you won the case. then the other party may not appeal the court's decision . 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. for possession of property‘ ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. CV STATEMENT OF ASSETS lfthe 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 SC-1 33). This form will tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor wiilfully fails to send you the compIeted form. you may file an Application and Order to Produce Statement ofAssers and to Appear for Examination (form SC-1 34) and ask the coun to give you your attorney's fees and expenses and other appropriate relief, afler 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 (Enfomement 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 cterk for the Small Claims Subpoena and Decfaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT 0F EXECUTION After you find out about the judgment debtor's propeny, you may ask the court for a Wn‘t of Execution (form EJ-130) 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 to pay your claim. Here are some examples of the kinds of property the officer may be abte to take: wages. bank account, automobile, business 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-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.: 2080082895 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: I 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 OR PRINT NAME) ’ (SIGNATURE) SC-‘EDIRW'Y “01°! NOTICE 0F ENTRY 0F JUDGMENT Fag“ 2°” (Sman Claims)
