Dismissal Entire ActionCal. Super. - 6th Dist.March 24, 2020Name and Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North FirstStreet San José, California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2OSCOB3036 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 L03 DEMANDANTES YDEMANDADOS: Su caso ha sido resuelto por la corte para reciamos 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 avlso adicional por parte de esta corte. Lea el reverso de este formulario para obtener inforrnacién de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name. streeraddress. and {elephone number of each): DEFENDANT/DEMANDADO' (Name, sUeet address, and telephone number of each): Oportun Inc GUSTAVO JAIME GUTIERREZ 2 Circle Star Way 250 W EL CAMINO REAL San Carlos CA 94070 APT 3108 Telephone No: Telephone No‘ D See attached sheet for additional plaintiffs and defendants SUNNYVALE CA 94087 Telephone No.: Home: 925640-21 05 Telephone No. Date of Hearing: September 03, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 09/03/2020 1. D Defendant (name, if more than one): GUSTAVO JAIME GUTIERREZ shall pay plaintiff (name, ifmore than one): Oportun Inc. principal and: $ costs on plaintiffs claim. 2. D 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):GUSTAVO JAIME GUTIERREZ $ principal andz$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant's claim 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): beginning on (date. 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. 7. E Dismissed in court E with prejudice-No Appearance. U without prejudice 8. D Attorney-C/ient Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. 9. D 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 paid, me judgment creditor may appiy t0 have the judgment debtor's driver's license suspended. 11. Enforcement 0fthejudgment 1's automatically postponed for 30 days or. ifan 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 t0 this action. This Notice of Entry ofJudgment 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. ShanE’Hemandez Place of mailing: San Jose, California Date of maiiing: 09/03/2020 Clerk. by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. I Form Adopted for Nlernau've Mandatory Use Judicia1 Council of California 50-130 [Rev July 1. 2010] NOTICE OF ENTRY OF JUDGMENT (Small Claims) mv/coum‘nfa. ca. gov Code of Civil Procedures §116.610 I SC-1 30 INFORMATION AFTER JUDGMENT l 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 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 (0r business) who lost the case and who owes the money is called the judgment debtor. Enforcement of thejudgrnent is postponed until the time for appeal ends or until the appeal is decided. This means that thejudgment creditor cannot collect any money or take any action until this period is over. Generally, both parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE . . . 1. If you lost the case on your own claim and the ceurt did not award you any money, the court's decision on your claim i5 FINAL. You may not appeal your own craim. 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 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 If you disagree with the court's decision, you may appeal the decision on (he 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 allthe claims. If you appeared at the trial. 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 Judgmentwas 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 0R CANCEL THE JUDGMENT If you did not go t0 the trial. you may ask the court t0 vacate 0r cancel the judgment. To make this request. you must file a Motion (o Vacate the Judgment (form SC-1 35) and pay the required fee within 30 days after me date this Notice of Entry of Judgment was 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 nor properly served with the claim. The 180-day pen’od 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 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 lake to coltect 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 on‘ginal 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 1f 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 available to pay your claim. If the judgment debtor willfully fails to send you the completed form. you may file an Appfication and Order to Produce Statement of Assets and to Appear for Examination (form SC-1 34) and ask the court t0 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 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 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 CJai/ns 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-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 lmay be able to take: wages, bank account, automobile, business property, or rental income. For some kinds 0f property. you may need to file other forms. See the law officer for information. ABSTRACT OF JUDGMENT The judgment debtor may own [and or a house or other buildings. You may want to put a lien on the property so that you wilt 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 coun 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; 2080033036 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use (his form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: l am the D judgment creditor D assignee of record. | agree that the judgment in this action has been paid [n full or otherwise satisfied. Date: (TYPE OR PRINT NAME) y (SIGNATURE) 50m [RQVJ‘W “0‘01 NOTICE 0F ENTRY 0F JUDGMENT ”9° 2 °” (Small Claims)
