Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.March 13, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. Catifornia 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 208C082924 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 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, Ie 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 important information about your rights. formulario para obtener infonnacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street addreas, and telephone number o! each): Deremer Sportswear 3740 S 132nd St Omaha NE 68144 Telephone No: Telephone No, D See attached sheet for additional plaintiffs and defendants Hearing officer: Christine Copeland DEFENDANTIDEMANDADO' (Name, street address, and telephone number ofeach): Sirious Baseball LLC slo David Rodrigues 1520 Dell Avenue #4 Campbell, CA 95008 Telephone No.1 Work: 408-953-8598 Telephone No, Date of Hearing: September 11. 2020 NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below 0n 09/1 1/2020 1. SMH- EDD D Defendant (name, if more than one): Sirious Baseball. LLC shall pay plaintiff (name, ifmore than one): Deremer Sportswear principal and: $ costs on plaintiff‘s claim. Defendant does not owe plaintiff any money on plaintiff’s claim. Plaintiff (name, ifmore than one): Deremer Sportswear shall pay defendant (name, ifmore than oneJISirious Baseball, LLC $ principal andz$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession of the foliowing property is awarded to plaintiff (describe property): Payments are to be made at the rate of: $ per (specify period): beginning on (date. and on the (specifl/ 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 Aflomey-Client Fee Dispute (Attachment to Notice ofEntry ofJudgment) (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 driver‘s license suspended. D D DUDE . Enforcement ofthejudgment 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-l certify that l 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 maiIing and this certification occurred at the place and on the date shown below. r ML SharrYel Hernandez Place of mailing: San Jose. California Date of mailing: 09/1 7l2020 Clerk, by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. l Form Adopted for Alternative Mandatory Usa Judicial Councfi of California SC-‘ISO [Rev Ju1y 1, 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) Code of Civil Procedures §1 16‘610 m/couflinfo. ca gov 50-130 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 the judgment debtor. Enforcement ofthe 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 ortake any action until this period is over. Generally, both parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE. ,. 1. lf you lost the case on your own ctaim 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. 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 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 the other party's claim. You may not appeal the decision on your own claim. However, if any pady appeals, there wiil be a new trial on all the claims. If you appeared at the trial, you mustbegin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days afler the date this Nolice of Entry of Judgmenrwas 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 court 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 afler 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 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 shou1d have found out about the judgment against you. :F YOU WON THE CASE . .. 1‘ 2. lf you were sued by the other party and you won the case, then the other party may not appeal the court‘s decision nyou 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 fi1ing court papers or for serving the judgment debtorl These extra costs can become part of your original judgment. To claim these fee’s. ask the clerk for a Memorandum of Costs b‘ VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. lf your claim was 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. c_ STATEMENT OF ASSETS lf 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 SC--133) 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 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 (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 c1erk for the Small Claims Subpoena and Declaration (form 80-107} or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT OF EXECUTION After you find out about the judgment debtor's property, you may ask the court for a Wn‘f 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 propeny of the judgment debtor to pay your claim. Here are some examptes 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 formsv 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 rien 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 of Judgment. 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 ofJudgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: 2080082924 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use (his form if an Abstract ofJudgment has been recorded) To the Clerk of the Court: l am the D judgment creditor D assignee of record, | agree that thejudgment in this action has been paid in full orotherwise satisfied. Date: (WPE OR PRINT NAME) p (SIGNATURE) 50-130 [Rev July 1, 2010) NOTICE OF ENTRY 0F JUDGMENT Page 2 ol' 3 (Small Claims) ' SC-130 5C'13OIR‘NJU'V1' 201°} NOTICE 0F ENTRY 0F JUDGMENT Pa9°3°'3 (Small Claims)
