Dismissal Entire ActionCal. Super. - 6th Dist.March 25, 2020Name and Address of Coun SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José. California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 203C083049 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Yoursmall 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 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 adlcional por parte de esta corte. Lea el reverse de este formulario para obtener informaclén de importancia acerca de sus derechos. DEFENDANTlDEMANDADO‘ (Name, strae! address. and terephone number of each): LETICIA M CANTU RODRIGUEZ 955 S 6TH ST UNIT 51 03 SAN JOSE CA 95112 PLAINTIFFIDEMANDANTE (Name, street address. and telephone number of each): Oportun Inc 2 Circle Star Way San Carlos CA 94070 Telephone No: Telephone No: Home: 408-839-8336 Tefiephone No. Telephone No. U See attached sheet for additional plaintiffs and defendants Date of Hearing: September 08. 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 09/08/2020 1. D Defendant (name, ifmore than one): LETICIA M CANTU RODRIGUEZ shall pay plaintiff (name, ifmore than one): Oportun Inc. $ principal and: $ costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiffs cfaim, Plaintiff (name, ifmore than one): Oportun Inc. shall pay defendant (name, ffmore than one):LET|C[A M CANTU RODRIGUEZ $ principal and:$ 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 (date. and on the (specify day): day 0f each month thereafier until paid in full. [f any payment is missed. the entire balance may become ue immediatw Dismissed in court with prejudic . D without prejudice Attorney-Clr'ent Fee Dispute (Attachment to Notice ofEntIy ofJudgmenr) (form 80-132) is attached. Other (specify): . 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, the judgment creditor may apply to , have the judgment debtor‘s driver's license suspended. 11. Enforcement ofthe judgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. D This notice was personally delivered to (insen‘ name and date): CLERK‘S CERTIFICATE OF MAILING-I certify that | am not a party to 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 cedification occurred at the place and on the date shown below. z D D EDD 499$ DUDE Place of mailing: San Jose, California Date of mailing: 0911 1/2020 Clerk, by . Deputy ShénteYHemandez ‘ The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Code of Civil Procedures §116.610 mvw/ooufl/nfo.ca.govNOTICE OF ENTRY 0F JUDGMENT (Small Claims) Judicial Council of CaIirornia Form Adopted for Altamafive Mandalory Use SC-130lRev July 1. 2010] 30-1 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 calfed the judgment creditor The person (or business) who lost the case and who owes the money is called the judgment 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 afterjudgment ’ |F YOU LOST THE CASE. .. 1. If 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 FINALV You may not appeal your own claim. If you lost the case and the coun ordered you to pay money, your money and property may be taken to pay the claim unless you do one ofthe 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 infon‘nation about these procedures. b. APPEAL If you disagree with the court's decision, you may appeal the decision on the orher 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 form called a Noflce 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 lo 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 1f 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 me Judgment (form 80-135) and pay the required fee within 30 days after the date this Notice of Entry ofJudgment was mailed. [f your request is denied, you then have 1O days from the date the notice of denial was mailed to file an appeal. The period t0 fire the Motion to Vacate the Judgment is 180 days if you were not properly served with the cfaim. 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 . H 1‘ 2‘ lf 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 collect 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 pan of your original judgment To claim these fees, ask the clerk for a Memorandum of Costs. bA 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 0R ENFORCE THE JUDGMENT FOR YOU. C, STATEMENT OF ASSETS lf the judgment debtor does not pay the money, the law requires the debtor to fill out a form called the Judgment Debtor's Statement ofAssers (form SC-1 33)‘ This form will te1| you what property the judgment debtor has that may be available to pay your claim [f the judgment debtor wilifully 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 50-134) and ask the court to give you your attorney‘s fees and expenses and other appropriate relief. afler 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 properly. 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 forthe Smali 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 debtors 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 coun paper that tells a raw 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 fiie other forms. See the law officer for infomation. 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) 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 fu|lr you must fill out the form below and mail it to the court immediately or you will be fined. lf an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form, SMALL CLAIMS NO.: 2050083049 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: lam the D judgment creditor D assignee of record. Iagree that the judgment in this action has been paid in full orotherwise satisfied. Date: (TYPE 0R PRINT NAME) h (SIGNATURE) 80-130 [Rev Ju'ly 1, 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 on (SmaH Claims)
