Dismissal Entire ActionCal. Super. - 6th Dist.March 16, 20205” ‘ Name and Address of Court SUPERIOR COURT OF CALIFORNIA‘ COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 80-130 SMALL CLAIMS CASE NO.: 2050082969 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 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, le pueden quitar su salario, su dinero, y otras cosas de su propiedad. sin aviso adiciona! por parte de esta corte. Lea el reverso de este formulario para obtener infonnacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name. skeet address, and telephone number of each): Oportun Inc 2 Circle Star Way San Carlos CA 94070 Telephone No: Telephone Nov D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO' (Name, street address, and refepnone number of each]: LUIS PABLO VICENTE PEREZ 1668 Melody Lane SAN JOSE CA 95133 Telephone No.2 Telephone No. Date of Hearing: August 25. 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 08/25/2020 1. D Defendant (name, ifmore than one): LUIS PABLO VICENTE PEREZ shall pay plaintiff (name, ifmore than one): Oportun Inc. principal and: $ costs on plaintiff‘s claim. beginning on (date. and on the day of each month thereafter until paid in full. If any payment is missed, the entire paid, the judgment creditor may apply t0 2. B Defendant does not owe plaintiff any money on plaintiff‘s claim. 3. D Plaintiff (name, ifmore than one): Oportun Inc. shall pay defendant (name, ifmore than one):LU|S PABLO VICENTE PEREZ $ pn‘ncipal andz$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant's cIaim 5. D Possession of the following property is awarded to plaintiff (describe property): 6. D Payments are to be made at the rate of: $ per (specify period): (specify day): balance may become due immediately. 7. E Dismissed in'court D with prejudice. E without prejudice for failure to appear by plaintiff 8. D Attorney-Client Fee Dispute (Attachment r0 Notice of Entry of Judgment) (form 80-132) is attached. 9. U Other (specify): . 10. D This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation of a motor vehicle. If the judgment is not have the judgment debtor‘s driver's license suspended. 11. Enforcement ofthe judgment 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-I certify that | am not a party to this action. This Notice of Entry of Judgment was mailed first class, postage prepaid. in a sealed envelope to the parties at the addresses shown above. The mailing and this cedification occurred at the place and on the date shown below. Place of mailing: San Jose. California Date 0f mailing: 08/26/2020 Clerk. by V v Stacie Marshall The county provides small claims advisor services free of charge. Read the information sheet on the reverse. I Form Adopted for Ntemative Mandatory Use Judicial Council of Califomia $0130 [Rev July 1‘ 2010] NOTICE OF ENTRY OF JUDGMENT (Small Claims) Code of Civil Procedures §116.610 mm/counmfo.ca.gov SC-1 3O 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 thejudgment creditor. The person (or business) who lost the case and who owes the money is called the judgment debtor. Enforcement 0f 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 or take any action until this period is over. Generally. both parties may be represented by lawyers after judgment. 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 coun'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 ciaim unless you do one of the following things: a. PAY THE JUDGMENT The law requires you to pay the amount 0f 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 ciafm. You may not appeal the decision on your own claim. However, if any party appears. 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 calted a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgmenrwas mailed or handed to you. Your appeal will be in the supen’or court You will have a new trial and you must present your evidence again. You may be represented by a lawyer. c. VACATE OR CANCEL THE JUDGMENT [f 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 SC-1 35) and pay the required fee within 30 days after the date this Notice of Entry of Judgment was mailed. 1f your request is denied. you then have 10 days from the date the notice of denial was mailed t0 file an appeal. The period to file the Motion (o Vacate the Judgment i5 180 days if you were not properly served with the claim. The 180vday period begins on the date you found out 0r should have found out about the judgment against you. IF YOU WON THE CASE . . . 1. 2. [f 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. b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If 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 If the judgment debtor does not pay the money. the Jaw requires the debtor to filf out a form called the Judgment Debtor‘s Statement ofAssers (fotm 80-133). 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 t0 send you the completed form. you may file an Application and Order to Produce Statement of Assets and (o Appear for Examination (form 80-1 34) and ask the court lo give you your attorney's fees and expenses and other appropriate relief. after proper notice, under Code of Civil Procedure section 708.1 70. ORDER 0F 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 derk for the Small Claims Subpoena and Declaration (form SC-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT 0F EXECUTION Afler 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 writ of execution is a com 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 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 law officer for infomlation. 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 mat 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 w1'll 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.: 2050032969 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use this form if an Abstracf of Judgment has been recorded.) To the Clerk of the Court: l am the D fudgment creditor D assignee of record. l agree lhat lhejudgment in this action has been paid in full or othenNise satisfied. Date: (TYPE 0R PRINT NAME) p (SIGNATURE) 80130 [Rev July 1. 2010] NOTICE 0F ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)
