Dismissal Entire ActionCal. Super. - 6th Dist.March 26, 2020Name and Address of Coud - SUPERIOR COURT OF CALIFORNIA SC 130 COUNTY OF SANTA CLARA 191 North First Street San José, California 95113 SMALL CLAIMS CASE NO.: 2080083060 AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: Su caso ha sido resuelto por Ia 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 part9 de esta corte. Lea el reverso de este formulario para obtener informacio'n de importancia acerca de sus derechos. 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. PLAINTIFF/DEMANDANTE (Name, street address, and telephone number o! each): DEFENDANTIDEMAN DADO‘ (Name, street address, andrelephons number o! each): OPORTUN [NC JENNIE MARIE CAVAZOS LUNA 2 Circle StarWay 7281 DOWDY ST APT B SAN CARLOS CA 94070 GILROY CA 95020 Telephone No: TelephOne No‘: Horne: 405465-9345 Telephone No. Telephone No, D See attached sheet for additional plaintiffs and defendants Date of Hearing: September 08. 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 09/08/2020 1. D Defendant (name, ifmore than one): JENNIE MARIE CAVAZOS LUNA shall pay plaintiff (name, ifmore than one): OPORTUN INC. principal and: $ costs on plaintiff‘s 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):JENN|E MARIE CAVAZOS LUNA $ principal andz$ costs on defendant‘s claim. 4 D Plaintiff does not owe defendant any money on defendant's claim 5 D Possession ofthe following property is awarded to plaintiff (describe properfy): 6 D Payments are t0 be made at the rate 0f: $ 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 E with prejudice. D without prejudice Attomey-Client Fee Dispute {Attachment (o Notice ofEntry of Judgment) (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 ofa motor vehicle. ff 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 appea! is decided. 12‘ D This notice was personalty delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify that | am not a pariy to this action. This Notice of Entry of Judgmentwas 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. DUDE Place of mailing: San Jose. California Date of mailing: 0911 1/2020 - Clerk, by _ . Deputy Shém’el Hernandez The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted Ior Alternative Mandatory Use NOTICE 0F ENTRY 0F JUDGMENT Code of Civil Procedures 5116.616 Judicial Council ol Cal'rfornia www/courtinfo‘cavgov sc-1so[Rev July 1, 20101 (Small Claims) 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 the judgment creditor. The person (or business) who lost the case and who owes the money is called the judgment debtor. Enforcement of the judgment is postponed until the time for appeal ends 0r 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. IF 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 FINAL. You may not appeal your own ciaim. lf you lost the case and the court ordered you to pay money, your money and propeny may be taken t0 pay the claim unless you do one ofthe foltowing 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 lo the court for an additional fee. You may also ask the court lo order monthly payments you can afford. Ask the clerk for information about these procedures, b. APPEAL V If you disagree with the court's decision. you may appeal the decision on the other party's ciaim. You may not appeal the decision on your own claim. However, if any party appeals. there wi1l be a new trial on all the claims. If you appeared at the trial, you mustbegin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days afler 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 OR CANCEL THE JUDGMENT lf 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 the Judgment (form 80-135) and pay the required fee within 30 days afler the date this Notice of Entry 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 period 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 . H 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 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 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 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 Ifthe 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 fi1e an Application and Order to Prodyce 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, 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 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 raw officer serves the order on the judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Smafl 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 Wn‘t of Execution (form EJ-130) and pay the required feel 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 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 infonnation. ABSTRACT 0F JUDGMENT The judgment debtor may own land or a house or other buitdings. 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 properly is located. The recorder wiil charge a fee for the Abstract ofJudgment‘ I s NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full. you must fili out the form below and mail it to the court immediately or you will be fined. If an Abstract 0f Judgment has been recorded. you must use another form: see the clerk for the proper form. SMALL CLAIMS NOA: ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) 2030083080 To the Clerk of the Court: | am the D judgment creditor D assignee of record. | agree that thejudgment in this action has been paid in full or otherwise satisfied, Date: p (TYPE OR PRINT NAME) (SIGNATURE) 80-130 [Rev July 1. 20101 Page 2 of 2NOTICE OF ENTRY OF JUDGMENT (Small Claims)
