Dismissal Entire ActionCal. Super. - 6th Dist.March 27, 2020Name end Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 1 91 Nonh First Street San José. California 951 13 SC-130 SMALL CLAIMS CASE NO.: 20$C083084 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 thls sheet for Important Information about your rights. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: 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 adlcional por pane de esta corte. Lea e1 reverse de este formulario para obtener infonnacién de importancia acerca de sus derechos. D See attached sheet for additional plaintiffs and defendants PLAINTIFFIDEMANDANTE (Name, street address, and (elephone number or‘ each): OPORTUN INC 2 Circle Star Way SAN CARLOS CA 94070 Telephone No: Telephone No, DEFENDANTIDEMAN DADO‘ (Name, srmet address, and fe!ephone number of each): AARON BOTELLO 510 BRANHAM LN E APT 21 SAN JOSE CA 95111 Telephone No.: Home: 408-597-6792 Telephone No. Date 0f Hearing: September 10. 2020 Hearing officer: Christine Copeland J 1. P‘f-“P DDDE udgment was entered as checked below on 09/10/2020 NOTICE OF ENTRY OF JUDGMENT D Defendant (name, ifmore than one): AARON BOTELLO shall pay pIaintiff (name, ifmore than one): OPORTUN INC. $ principal and: $ costs on plaintiff‘s claim. D Plaintiff (name, ifmorethan one): OPORTUN INC. D Defendant does not owe plaintiff any money on plaintiff's claim. shall pay defendant (name, ifmom than one):AARON BOTELLO $ principal and:$ costs on defendant's claim. [JED Payments are to be made at the rate of: $ Plaintiff does not owe defendant any money on defendant's claim Possession of the following property is awarded to plaintiff (describe property): per (specify period): beginning on (date. and on the (specifi/ day): day of each month thereafter until paid in full. If any payment is missed. the entire balance may become due immediately. Other (specify): Dismissed in court E with prejudice. D without prejudice Attomey-Client Fee Dispute (Attachment to Notice of Entry ofJudgmenr) (form 80-132) is attached. debtor's operation ofa motor vehicle. 1f the This judgment results from a motor vehicle accident .on a California highway and was caused by the judgment judgment is not paid. thejudgment creditormay apply to have the judgment debtor‘s dn'ver’s license suspended. 1. Enforcement ofthejudgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 2. U This notice was personally delivered to (insert name and date): 3. 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 patties at the addresses shown above. The mailing and this certification occurred at the place and on the date shown below. Place ofmaiIing: San Jose, California WDate ofmailing; own n k4 Clerk, by 30A , Deputy True Parker The county provides small claims advisor services free of charge. Read the information sheet on the reverse. F Judicial Coundl of California 30-130 [Rev July 1, 2010] orm Adopted for Nlemativa Mandatory Use NOTICE 0F ENTRY 0F JUDGMENT CW9 “M'mfgu’zfjg‘ciggfi (Small Claims) I SC-130 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision 0f 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 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 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 parties may be represented by lawyers after judgment. lF 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 cfaim 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 oflhe 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 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 trial on all the claims. If you appeared at the trial. you must begin your appeal by firing a form called a Notice 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 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 1awyer‘ c. VACATE 0R 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 Motion to Vacate the Judgment (form 80-135) and pay the required fee within 30 days afler the date this Notice of Entry ofJudgmentwas 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 propedy 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. If 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 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 pan 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 lfthe 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 SC-1 33). 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 file an Application and Order to Produce 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. after proper notice. under Code of Civil Procedure section 708.170 ORDER 0F EXAMINATION You may also make the debtor come to court to answer questions about income and propedy. 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 Smali Cfaims 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 ceurt paper that tells a Jaw officer to take property of the judgment debtor to pay your claim. Here are some examples of the kinds 0f 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 OF 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 ofJudgmenr. NOTICE TO 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.1 2050083034 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: l am the D judgment creditor D assignee of record‘ I agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE 0R PRINT NAME) k (SIGNATURE) 5°43°lRevJ“'Y‘-2°‘°| NOTICE 0F ENTRY 0F JUDGMENT ”9°?“ (Small Claims)