Dismissal Entire ActionCal. Super. - 6th Dist.March 27, 2020Name end Address of Court SUPERIOR COU RT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 2080083082 SC-130 AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales menores. Si la cone ha decldido 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 informacién de importancia acerca NOTICE T0 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. de sus derechos. PLAINTIFFIDEMANDANTE (Name, streefedd/ess, and telephone number afeadl): OPORTUN INC 2 Circle Star Way SAN CARLOS CA 94070 DEFENDANTIDEMANDADO‘ (Name, street address, and telephone number ofeach): JESUS SANCHEZ CASAS 7380 FOREST ST APT B GILROY CA 95020 Telephone No: Telephone No; Home: 831 673-3293 Telephone No. Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: September 10. 2020 NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 0911 0/2020 1. D Defendant (name, ifmore than one): JESUS SANCHEZ CASAS shall pay plaintiff (name, ffmore than one): OPORTUN INC. principal and: $ costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiff‘s claim. Plaintiff (name, ifmore than one): OPORTUN INC. shall pay defendant (name, ifmore than one):JESUS SANCHEZ CASAS $ principal andz$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant's cfaim Possession ofthe following property is awarded to plaintiff (descn’be pmperty): Payments are to be made at the rate of: $ per (specify period): (specify day): day of each month thereafter until paid in full. balance may become due immediately. Dismissed in court E with prejudice. D without prejudice Attorney-Client Fee Dispute (Attachment to Notice ofEntry ofJudgment) (form 80-132) is attached. Other (specify). Hearing officer: Christine Copeland D a D 001$ EDD beginning 0n (date. A@@fl DUDE debtor's operation ofa motor vehicle. If the judgment is not paid have the judgment debtors 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. 12. D This notice was personally delivered to (insert name and date): and on the If any payment is missed. the entire This judgment results from a motor vehicle accident on a Caiifornia highway and was caused by the judgment 1he judgment creditor may apply to 13. CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Entry ofJudgmenr was mailed first class. postage prepaid. in a sealed envelope to the parties at the addresses shown above. The mailing and this cenification occurred at the place and on the date shown below. Place of mailing: San Jose California 0 g5 madmmw- mm mo W69 WNW True Parker Clerk, by . DepUtY The county provides small claims adviser services free of charge. Read the information sheet on the reverse. Code of Civil PrDCEdeeS §116Form Adopted for Alternative Mandatory Use vaw/courfinfacaJudicial Council 01' Califomia SC-1ED [Rev July 1, 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) .610 .gov SC-1 30 INFORMATION AFTER JUDGMENT I 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 partyl 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 debtorA Enforcement ofthe judgment 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 pen‘od is over. Generally. both padies may be represented by lawyers afierjudgment. 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 claim, 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 atso ask the court to order monthly payments you can afford. Ask the clerk for infomation about these procedures b. APPEAL If you disagree with the court‘s decision, you may appeal the decision on the other party's daim. You may not appeal the decision on your own craim‘ 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 Enfly of Judgment was 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 Motfon to Vacate the Judgment (form SC-135) and pay the required fee within 3O days afler the date this Notice of Entry of Judgmentwas mailed. Jf 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 Es 180 days if you were no! pmpedy 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. lf you were sued by the other party 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 take to collect your money or get possession of your propeny: 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 craim 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 0F ASSETS If the judgment debtor does not pay the money, the law requires the debtor to fill out a form catled the Judgment Debtor‘s Statement ofAssets (form SC-1 33). This form will tell you what property the judgment debtor has that may be available lo pay your claim. If the judgment debtor willfully fails to send you the completed form, you may file an Application and Order Io Produce Statement of Assets and (o 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 708.1704 . 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 ls a fee if a law officer serves the order 0n 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-ODZ). . WRIT 0F EXECUTION After you find out about the judgment debtor's property. you may ask the court for a Wn't of Execution (form EJ-1 30) and pay the required fee. A writ of execution is a court paper that tells a law officer t0 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 t0 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 lo put a lien on the properly so that you will be paid if the property is sold. You can get a lien by filing an Abstract of Judgment (form EJ-Om) with the county recorder in the county where the propedy 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 t0 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.: 20$C083082 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded) To the Clerk of the Court: | am the D judgment creditor D assignee 0f record‘ | agree that the judgment in this action has been paid in full or othenNise satisfied. Date: (TYPE OR PRINT NAME) I (SIGNATURE) 58-130lRevJU‘V ‘1 2°10] NOTICE 0F ENTRY 0F JUDGMENT P8992“ (Small Claims)
