Dismissal Entire ActionCal. Super. - 6th Dist.March 17, 2020Name and Address o! Court SUF‘ERIOR COURT OF CALIFORNIA .xchNTYOFSANTACLARA 191 North First Street San Jose'. Califomia 951 13 SC~130 SMALL CLAIMS CASE NO.: 208C082984 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. [f 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 infon-nation about your rights. AVISO A TODOS L05 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 adicional por parte de esta corte. Lea el reverso de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, and telephone number of each): Oportun Inc 2 Ci‘rcle StarWay San Carlos CA 94070 Terephone No: Telephone No, D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO' (Name, streetaddress, and telephone number of each): Julio Cesar Rubio 1723 Th Ave OAKLAND CA 94621 Telephone No.1 Telephone No. Date of Hearing: August 25, 2020 Hearing officer: Christine Copeland Judgment was entered as checked below on 08/25l2020 NOTICE 0F ENTRY OF JUDGMENT 1. D Defendant (name, if more than one): Julio Cesar Rubio shal1 pay plaintiff (name, if more than one): Oportun Inc. principal and: $ a D D Plaintiff (name, if more than one): Oporiun Inc. costs on plaintiff's claim. Defendant does not owe plaintiff any money on plaintiff's claim. shall pay defendant (name, if more than one):Ju|io Cesar Rubio $ pn‘ncipal and2$ 0’;an EDD Payments are to be made at the rate of: $ (specify day): balance may become due immediately. Dismissed in court D with prejudice. Other (specify): 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 property): per (specify period): day of each month thereafter until paid in full. If any payment is missed, the entire beginning on (dare. E without prejudice for failure t0 appear by plaintiff Attorney-C/ient Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-132) is attached. A@@N DUDE This judgment results from a motor vehicle accident 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 t0 (insert name and dare): 13. CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party to this action. This Notice of Entry of Judgmentwas 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 0f mailing: San Jose. Califomfa Date Of mailing: 08/26/2020 Clerk, b U ' Stacie Marshall .r\J The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Alternative Mandatory Use Judidal Coundl of California 50-1 30 [Rev July 1, 2010] NOTICE OF ENTRY OF JUDGMENT (Small Claims) and on the 'on a California highway and was caused by the judgment debtor's operation ofa motor vehicle. If the judgment is not paid, thejudgment creditor may appiyto epUW Code of Civil Procedures 5116510 m/coumhfatagov ‘K SC-130 INFORMATION AFTER JUDGMENT I 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 t0 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 thejudgment 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 pen'od 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 court's decision on your claim is FINALHYOU may not appeal your own claim. 2. 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 of the following things: a. PAY THE JUDGMENT The [aw 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 ciaim. You may not appeal the decision on your own claim. However, if any patty appeals, there will be a new trial on all the ciaims. lf you appeared at the tn'al. you must begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was 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 fawyer. c. VACATE OR 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 SC-1 35) and pay the required fee within 30 days after the date this Notice ofEnfry of Judgmentwas mailed. [f your request i5 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 property served with the claim. The 180-day period begins on the date you found out or should have found out about the judgment against you. IF YOU WON THE CASE . . . 1. 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. Jf 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 firing court papers or for serving thejudgment debtor. These extra costs can become part 0f your original judgment. To claim these fees. ask the clerk for a Memorandum of Costs. b. C. VOLUNTARY PAYMENT Ask the judgment debtor t0 pay the money. If your claim was for possession of property, ask the judgment debtor lo return the property t0 you. THE COURT WILL NOT- COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU‘ STATEMENT OF ASSETS If the judgment debtor does not pay the money. the law requires the debtor t0 fill out a form called the Judgment Debtor's Statement of Assets (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 willfully fails to send you the completed form. you may file an Application and Order to Produce Statement ofAssets and to Appear for Examinarfon (form SC-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 t0 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 clerk for the Smelt Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). WRIT 0F EXECUTION After you find out about the judgment debtor's property, you may ask the court for a Writ of Execution (fonn 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 able to take: wages, bank account, automobile, business property, or rental income. For some kinds of property, you may need to file other foms‘ 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-OO‘I) 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 t0 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.: 2080082984 ACKNOWLEDGEMENT 0F SATISFACTION OF JUDGMENT (Do not use (his form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: J am the U judgment creditor D assignee of record. l agree that thejudgment in this action has been paid in full or otherwise satisfied Date: (TYPE OR PRINT NAME) p (SIGNATU RE) 30130 [Remy 1,2010] NOTICE 0F ENTRY 0F JUDGMENT ”9° 2 °’2 (Small Claims)
