Dismissal Entire ActionCal. Super. - 6th Dist.March 23, 2020Name and Address of Court 50-1 3o SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 205C083047 NOTICE To ALL PLAINTIFFS AND DEFENDANTs: Awso A Tooos Los DEMANDANTES YDEMANDADos: Your small claims case has been decided. 1f 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. 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 reverse de este formulario para obtener inforrnacién de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name. street address, and (elephona number o! each): DEFENDANTIDEMANDADO' (Name, street address, and telephone numba' of each): Marty Paisley Herbner Construction Inc 1495 Smith Grade Serve: James Michael Herbner,agent for service Santa Cruz CA 9506 21 07 Foxworthy Avenue San Jose CA 95124 Telephone No: Telephone NO.: Telephone No. Telephone No‘ D See attached sheet for additional plaintiffs and defendants Date 0f Hearing: October 28. 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 10/28/2020 1. 9’9“.“ 499$ DUDfi D Defendant (name, if more than one): Herbner Construction Inc. shall pay plaintiff (name, if more than one): Marty Paisley principal and: $ costs on plaintiff’s claim. D Defendant does not owe plaintiff any money on plaintiff's claim. D Plaintiff (name, ifmore than one): Marty Paisley shall pay defendant (name, if more than one):Herbner Construction Inc. $ principal and:$ costs on defendant's claim. D Plaintiff does not owe defendant any money on defendant's claim D Possession of the following property is awarded to plaintiff (describe property): 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. Dismissed in court U with prejudice. E without prejudice Attorney-Cfient Fee Dispute (Attachment (o Notice of Entry of Judgment) (form 80-132) is attached. Other (specify): . This judgment reaults 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. thejudgment creditor may apply to have the judgment debtor's driver's license suspended. . Enforcement 0fthe judgment is automatically postponed for 30 days or. if an appeal is filed, 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 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. Place of mailing: San Jose. California Date 0f mailing: 04/12/2021 flCIerk.by 35 g ~W .Deputy H Syivia Roman The county provides small claims advisor services free of charge. Read the information sheet on the reverse. I Form Adopted fur Nlernative Mandatory Use Code of Civil Procedures §116A610 Judicial Coma] Omanfomla NOTICE 0F ENTRY OF JUDGMENT an um Inn“ u..vu . Imam (Oman Flnimud WW/cuwfln/o,ca.gov SC-130 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 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 thejudgment debtor. Enforcement ofthejudgment 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. 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 t0 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 coud t0 order monthly payments you can afford. Ask the clerk for Information about these procedures. b. APPEAL [f you disagree with the court's decision. you may appeal the decision on (he other pan‘y'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 appeat by filing a forrn called a Notice of Appeal (form SC-1 40) 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 w1‘ll 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 Mott'on l'o Vacate the Judgment(fonn SC-1 35) and pay the required fee within 30 days after the date this Notice of Entry of Judgment was mailed‘ If your request is denied. you then have 10 days from the date the notice 0f denial was mailed to file an appeal. The period to file the Motion to Vacate the Judgment is 180 days if you were nor 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. 2. If you were sued by the other party 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 coilect your money or get possession of your property: a. COLLECTING FEES AND INTEREST Sometimes fees are charged for filing court papers or for sewing 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. If your ctaim 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 0F 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 form will tell you what property the judgment debtor has that may be available t0 pay your claim. If the judgment debtor willfully fails to send you the completed form, you may file an Application and Order (o Produce Statement of Assets and to Appear for Examination (form 80-134) and ask the court to give you your attorney's fees and expensas and other appropriate relief, after proper notice. under Code of Civil Procedure section 708.1 70. ORDER 0F 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-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 30-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT OF EXECUTION Afler 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 couri paper that tells a law officer' to take property of the judgment debtor to pay yeur 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 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-001) w1‘th the county recorder in the county where the property Is located. The recorder will charge a fee for the Abstract ofJudgment. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full, you must fil! out the form below and mail it to the court immediatety 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; 208C083047 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded) To the Clerk of the Court: l am the D judgmentcreditor U assignee of record. | agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) y (SIGNATURE) SC-130 '[Rev July 1. 2010] NOTICE 0F ENTRY OF JUDGMENT Page 2 of 2
