Dismissal Entire ActionCal. Super. - 6th Dist.March 16, 2020Name and Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. California 951 13 50-130 SMALL CLAIMS CASE NO.: 2050082953 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 important information about your rights. AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales menores. Si Ia corto ha decidido en su contra y ha ordenado que usted pague dinero, le pueden quitar su salarlo, su dinero, y otras cosas de su propiedad. sin aviso adicional por part9 de esta corte. Lea el reverso de este formularlo para obtener lnformacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name. street address, and telephone number o! each): Ashley Maldonado 598 S 9th St SAN JOSE CA 95112 Telephone No: Teleph one No. U See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO' (Name, street address, end (olephone number of each): Stan Livingstone Jr 375 S 9th St SAN JOSE CA 95112 Telephone No.: Home: 310-864-3422 Telephone No‘ Date of Hean'ng: November 19. 2020 Hearing officer: Erik S Johnson NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 11/19/2020 1. D Defendant (name, ifmore than one): Stan Livingstone Jr shall pay plaintiff (name, if more than one): Ashley Maldonado $ principal and: $ costs on plaintiff’s claim. D Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore than one): Ashley Maldonado shall pay defendant (name, ifmore than one):Stan Livingstone Jr $ principal andz$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant's claim 5. fl Possession of the following property is awarded to plaintiff (describe propedy): 6. D 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 entife balance may become due immediately. Other (specify): Dismissed in court D with prejudice. E without prejudice Attomey-Client Fee Dispute (Attachment (o Notice ofEntry ofJudgment) (fonn 80-132) is attached. APWfl DUDE debtor‘s operation ofa motor vehicle. If the This judgment results from a motor vehicle accident on a Caiifornia highway and was caused by the judgment judgment is not paid. thejudgment creditor may applyto have the judgment debtor's driver's license suspended. 11. Enforcement ofthejudgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. D This notice was personally delivered to {insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Entry ofJudgmenrwas 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. Califomia Date of mailing: 11/1 9/2020 Clerk, by W . DBPUtY \Sfi'antel Hernandez The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted [orAllernative Mandalory Use NOTIC E 0F ENTRY OF JUDGMENT Code of Civil Procedures §116,610 Judida| Cou nu’l of Calilornia sc-1ao [Rev July 1. 201a] (Small Claims) mm/courtinfacagov SC-130 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 untiJ 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 . . . b. VOLUNTARY PAYMENT 1. If you lost the case on your own claim and the court dld not Ask lhejudgment debtorto pay the money. If your claim was award you any money. the coun's decision on your claim is for possession of property. ask the judgment debtor to return FINAL. You may not appeal your own claim. the property to you. THE COURT WILL NOT COLLECT THE 2. 1f you lost the case and the court ordered you to pay money. MONEY 0R ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay the claim unless you do one 0f the following things: c. STATEMENT OF ASSETS a. PAY THE JUDGMENT If the judgment debtor does not pay the money, the law The Jaw requires you to pay the amount of the judgment. requires the debtorto fill outa form called the Judgment You may pay the judgment creditor directly. or pay the Debtor’s SfatementofAssets (form 80-133). This form willtell judgment to the coun for an additiona1 fee. You may a150 you what property the judgment debtor has that may be ask the court to order monthly payments you can afford. available to pay your claim. 1f the judgment debtor willfully Ask the clerk for information aboutthese procedures. fails Io send you the compieted form. you may file an b. APPEAL Application and Order t0 Produce Statement of Assets and to Jf you disagree with the court's decision. you may appea1 the Appear for Examination (form 80-134) and ask the court to decision on the other party's claim. You may not appeal the give you your attorney’s fees and expenses and other decision on your own claim. However, if any party appeals. appropriate relief, afler proper notice. under Code of Civil there will be a new trial on all the claims. If you appeared at Procedure section 708.170. the trial, you must begin your appeal by filing a form called a Notice of Appeal (forrn 80-140) and pay the required fees d. ORDER OF EXAMINATION within 30 days after the date this Notice of Entry of You may also make the debtor come to court t0 answer Judgmentwas mailed or handedto you. Your appealwill be questions about income and property. To do this. ask the in the superior court. You will have a new trial and you must clerk for an Applr'cation and Order {or Appearance and present your evidence again. You may be represented by a Examination (Enforcement o! Judgmen!) (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 If you did not go to the trial, you may ask the court to vacate judgment debtors financial records. Ask the clerk for the Small or 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 SC-1 35) and pay the Subpoena Duces Tecum (form SUBP-OOZ}. required fee within 30 days after the date this Notice of Enfiy ofJudgmentwas mailed. If your request is denied. you then e. WRIT 0F 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 Wn'! of Execution (fon'n EJ-130) and Judgment is 180 days If you were not propedy served with pay the required fee. A writ of execution is a court paper that the claim. The 180»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 of you. 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 forms. See the an officer for information. IF YOU WON THE CASE . .. 1. If you were sued by the other party and you won the case. men the other party may not appeal the coun's decision. 2. lfyou won the case and the court awarded you money. here are L ABSTRACT 0F JUDGMENT some Steps yo” may 'ake t0 coued your money or 9a The judgment debtor may own land or a house or other possessmn 0f your prepefiy: buildings. You may want t0 put a lien on the property so that a. COLLECTING FEES AND INTEREST you will be paid 1f the property is sold. You can gel a lien by Sometimes fees are charged for filing court papers or for filing an Abstract of Judgment (form EJ-001) with the county serving thejudgment debtor. These extra costs can become recorder In the county where the property is located. The pan of your original judgment. To cIaim these fees. ask the recorderwill charge a fee for the Abstract ofJudgmenr. clerk for a Memorandum of Costs. 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; 2080082953 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract o!Judgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. | agree that the judgment in this action has been paid In full or otherwise satisfied. Date: y (TYPE 0R PRINT NAME) (SIGNATURE) 50mm“ JU" 1'20““ NOTICE OF ENTRY 0F JUDGMENT Pay” °‘2 (Small Claims)
