Dismissal Entire ActionCal. Super. - 6th Dist.March 16, 2020Name and Address of Coun SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 1 91 Nonh First Street San José, CaIifomia 951 13 30-130 SMALL CLAIMS CASE No.2 203C083042 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. lf 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 YDEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales 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 PLAINTIFF/DEMANDANTE (Name, street address, andrelephone number of each): Bryan Mekechuk 17509 Via Serena Monte Sereno CA 95030 Telephone No: Telephone No‘ DEFENDANT/DEMANDADO‘ (Name, srree! address, and telephone number of each); Michelle Todus 114 Landberry Court Los Gatos CA 95032 Telephone Nu: Telephone No‘ Date of Hearing: October 28, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 10/28/2020 1. .099 DEE DUDE E] Defendant (name, if more than one): Michelle Todus shall pay plaintiff (name, if more than one): Bryan Mekechuk principal and: $ costs 0n plaintiff’s claim. Defendant does not owe plaintiff any money on plaintiff‘s claim. Plaintiff (name, if more than one): Bryan Mekechuk shall pay defendant (name, if more than one):Michel[e Todus $ principal andz$ costs 0n defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession 0f the following property is awarded to plaintiff (describe property): Payments are to be made at the rate 0f: $ per (specify period): (special day): day of each month thereafter until paid in full. balance may become due immediately. Dismissed in coun D with prejudice. E without prejudice Attorney-Client Fee Dispute (Attachment to Notice of Entry 0f Judgment) (form 80-132) is attached. Other (specify). This judgment results from a motor vehicle accident on a Califorma highway and was caused by the judgment debtor‘s operation ofa motor vehicle. [f the judgment is not paid, the judgment creditor may apply to have the judgment debtor's driver's license suspended. D D beginning on (date. and on the If any payment is missed, the entire . Enforcement ofthe judgment is automatically postponed for 30 days or, if an appeal is fited, until the appeal is decided. 12. 13. D This notice was personally delivered to (insert name and date): CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party t0 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 0n the date shown below. Place of mailing: San Jose, California Date of mailing: 04/12/2021 figWDeputyClerk, by (fiylvia Roman The county provides small claims advisor services free of charge. Read the information sheet on the reverse. I Form Adopted for Alternative Mandatory Use Judidai Council of California EPA ’lfl [Dav lulu 1 Onfinl Code of Civil Procedures §116.610 www/courflnfo.ca. gov NOTICE OF ENTRY OF JUDGMENT Iqull F‘Iaimc\ 80-130 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. Thejudgment 0r 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 (or business) who lost the case and who owes the money is called thejudgment debtor. Enforcement ofthejudgment is postponed until the time for appeal ends or until the appeal Is decided. This means that thejudgment creditor cannot colrect 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. 2. Jf you rost 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 lhe judgment. You may pay the judgment creditor directly. or pay the judgment to the court for an additional fee. You may arso 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 claim. You may not appeal the decision on your own claim. However. if any party appeals, there will be a new mal on all the claims. If you appeared at the trial. you must begin your appeal by filing a form called a Notice of Appeal (form SC-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was maiied or handed to you. Your appeal will be in the supen’or court. You will have a new tria! 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 t0 vacate or cancel the judgment. To make this request. you must file a Motion to Vacate (he Judgment (form SC-1 35) and pay the required fee within 30 days after the date this Notice of Entry of Judgmen! was mailed. lf 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 to Vacate the Judgment is 180 days if you were not properly served with the claim. The 1BO-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 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 coltect your money or get possession of your property; a. COLLECTING FEES AND INTEREST Sometimes fees are charged for filing court papers 0r 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. [f your claim 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 Jaw requires the debtor to fill out a form called the Judgment Debtor’s Statement ofAssets (form 80-1 33). This form witl 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 rnay file an Application and Order to Produce Statement ofAssets 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. ()REJEFICJF EXJUWINIYTHDN You may also make the debtor come to court t0 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-1 25) 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 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 abte 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 on the property so that you will be paid if the property ls 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 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 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.: ACKNOWLEDGEMENT OF SATISFACTlON 0F JUDGMENT (Do no! use (his form if an Abstract ofJudgment has been recorded.) 2030083042 To the Clerk of the Court: I am the D judgment creditor D assignee 0f record. I agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: p (TYPE OR PRINT NAME) (SIGNATURE) sc-130 [Rev Juiy 1, 2010] Page 2 or 2NOTICE 0F ENTRY 0F JUDGMENT 1n,,,n nl,:,,,\