Dismissal Entire ActionCal. Super. - 6th Dist.March 17, 2020Namaand Address of Court *(‘SUPE y RIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 1 91 North First Street San José, California 95113 SC-130 SMALL CLAIMS CASE NO.: 205C082986 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 he 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 judiciaies menores. Si Ia 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 reverse de este formulario para obtener informacién de importancia acerca de sus derechos. D See attached Sheet for additional plaintiffs and defendants PLAINTIFFIDEMANDANTE (Name. steer address, and telephone number o! each): Oportun Inc 2 Circle Star Way San Carlos CA 94070 Telephone No: DEFENDANT/DEMANDADO‘ (Name, street address, and telephone number of ea ch): Nathaniel Brown 3249 Garden Avenue SAN JOSE CA 951 11 Telephone No.1 Telephone No, Telephone No. Date of Hearing: August 25. 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 08/25/2020 1. DUB A9¢N DUDE D Defendant (name, ifmore than one): Nathaniel Brown shalt pay plaintiff (name, ifmore than one): Oportun Inc. pn'ncipat and: $ costs on plaintiff's claim. Defendant does not owe plaintiff any money on plaintiff‘s claim. Plaintiff (name, if more than one): Oportun Inc. shall pay defendant (name, ifmore than one):Nathaniel Brown $ principal andz$ 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): Payments are to be made at the rate of: $ per (specify period): beginning on (dare. and on the (specify 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 for failure to appear by plaintiff Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-1 32) is attached. Other (specify). This judgment results from a motor vehicie accident on a California highway and was caused by the judgment debtor's operation of a motor vehicle. If the judgment is not paid, the judgment creditor may apply to have the judgment debtor’s drivefs license suspended. 1. Enforcement ofthe judgment is automatically postponed for 30 days or, ifan appeal is filed, until the appeal is decided. 2. D This notice was personally delivered to (insen‘ name and date): 3. CLERK'S CERTIFICATE OF MAILING-l certify that I 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 certification occurred at the place and on the date shown below. “ . Deputy ‘ S‘i’acie Marshall D D Place of mailing: San Jose, California Date 0f mailing: 08/26/2020 Clerk b l The county provides small claims advisor services free of charge. Rea he information sheet on the reverse. Form Adopted tor Niemafive Mandatory Use Judidal Counu'l of California SC-130 [Rev July 1. 2010] Code of Ciw‘l Procedures §1 16.610 wmv/coudr’nfaca. govNOTICE OF ENTRY 0F JUDGMENT (Small Claims) I SC-1 30 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 0n 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 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 craim and the court did not award you any money, the court's decision on your craim is FINAL. You may not appeal your own claim. If you lost the case and the com 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 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 Jf 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 party appeals, there will be a new trial on alI the claims. Jf you appeared at the trial, you must begin your appeal by filing a form called a Notice of Appea! (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry 0f 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 lawyer. 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 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 r0 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 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. If you won the case and the court awarded you money, here are some steps you may take to collect your money 0r 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 exira 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 cfaim was for possession of property, ask the judgment debtor to retum 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 law requires the debtor to fill out a form called the Judgment Debtor's Statement ofAssets (form 80-133). This fonn win tell you what property the judgment debtor has that may be available to pay your claim. lf 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 80-134) and ask the court to give you your attorney's fees and expenses and other appropriate relief, after proper notice. under Code 0f Civil Procedure section 708.1 TO. 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 I's a fee if a [aw officer serves the order on the judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Smafl Claims Subpoena and Declaration (form SC-107) or Civil Subpoena Duces Tecum (form SUBP-002). . WRIT OF EXECUTION After you find out about the judgment debtor's property, you may ask the court for a Writ 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 0f 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 infonnation. ABSTRACT 0F 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 sord. 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 of Judgment. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full, you must fill out the form befow 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.: 205C082986 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: lam the D judgment creditor D assignee of record. lagree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) p (SIGNATURE) SC-130 [Rev July 1, 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)
