Dismissal Entire ActionCal. Super. - 6th Dist.March 24, 2020Name and Address of Coun SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SC-130 SMALL CLAIMS CASE NO.: 2080083034 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small ciaims 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, 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 formulario para obtener informacién de importancia acerca de sus derechos. D See attached sheet for additional plaintiffs and defendants PLAINTIFF/DEMANDANTE (Name. sneer address. and telephone number of each): Oportun Inc 2 Circle Star Way DEFENDANT/DEMANDADO' (Name. street address, and telephone number of each): JOSEPHINE MARIE CARRILLO 131 PIERCE ST San Carlos CA 94070 APT 24 GILROY CA 95020 Telephone No: Terephone No.2 Telephone NoV Tdephone No. Date 0f Hearing: September 03, 2020 Hearing officer: Christine Copeland J 1. 99+ EDD 4993 DUDE NOTICE OF ENTRY 0F JUDGMENT udgment was entered as checked below on 09/03/2020 D Defendant (name, if more than one): JOSEPHINE MARIE CARRILLO shall pay plaintiff (name, if more than one): Opor’tun Inc. principal and: $ costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiffs claim. Plaintiff (name, ifmore than one): Oportun Inc. shall pay defendant (name, if more than one):JOSEPHINE MARIE CARRILLO $ principal and:$ costs 0n defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession of the fol1owing 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 (specify day): day of each month thereafter until paid in fuII. If any payment is missed, the entire balance may become due immediately. Dismissed in court E with prejudice-No Appearance. D without prejudice Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. Other (specify): . » This judgment resutts 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 t0 have the judgment debtor's driver's license suspended. 1. Enforcement of the judgment is automatically postponed for 30 days or, 1f 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 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. Shan‘fé1 Hernandez D D Place of mailing: San Jose, California Date of mailing: 09/03/2020 Clerk, by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopied fur Alternative Mandatory Use Judicial Coma”! of California S Code of Civil Procedures §1 16.610 ww/counfnfo. cagovNOTICE 0F ENTRY 0F JUDGMENT (Small Claims)(3-130 [Rev July 1. 2010] 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 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 . . . b. VOLUNTARY PAYMENT 1. lf 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 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 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 atso ask the coun 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 party appeals, there will be a new trial on all the claims. If you appeared at the trial, you must begin your appeal by filing a fotm called a Notice of Appeaf (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was maited 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 th'e court to vacate 0r 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 Entiy ofJudgmenrwas 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 pen’od 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 should have found out about the judgment against you. IF YOU WON THE CASE . . . 1. If you were sued by the other patty and you won the case. then me 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 coilect your money or get possession of your property: a. COLLECTING FEES AND INTEREST Somefimes fees are charged for filing court papers or for sewing thejudgment debtor. These extra costs can become part of your original judgment To claim these fees, ask the clerk for a Memorandum of Costs. Ask the judgment debtor to pay the money. If your craim was for possession of property. ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU. C. STATEMENT OF ASSETS [f 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 form will tell you what property the judgment debtor has that may be avaiiable to pay your claim. If the judgment debtor willfully fails to send you the completed form. you may file an Apph'catr'on 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 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 d0 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 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 Writ of Execution (form EJ-1 30) and pay the required fee. A writ 0f 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 forms. See the law officer for information. ABSTRACT 0F JUDGMENT The judgment debtor may own land or a house or other buildings. You may want to put a lien 0n 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-001) with the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract ofJudgment. 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. 1f an Abstract 0f Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: 208C083034 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use (his form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. | agree that the judgment {n this action has been paid In full or otherwise satisfied. Date: (TYPE 0R PRINT NAME) p (SIGNATURE) 80-130 [Rev Juiy 1, 2010] NOTICE 0F ENTRY OF JUDGMENT Page 2 of 3 (Small Claims) SC-1 30 SG‘MRMU‘V “20101 NOTICE 0F ENTRY OF JUDGMENT P399 3 °” (Small Claims)
