Dismissal Entire ActionCal. Super. - 6th Dist.March 27, 2020SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER OPORTUN INC. vs DALIA FARIAS Hearing Start Time: 1:00 PM 205CO83086 Hearlng Type: Claim: Plaintiffand Defendant Date of Hearing: 09/10/2020 Comments: 34 Heard By: Copeland, Christine Location: Department 15 Courtroom Reporter: Recording Electronic Parties Present: Exhibits: Courtroom Clerk: Court Interpreter: Court Investigator: Futu re H ea rings: True Parker - Electronic Recording: 3:50pm-3z50pm No appearance by both Plaintiffand Defendant. The Court dismisses case with prejudice. Printed: 9/15/2020 09/10/2020 Claim: Plaintiff and Defendant - 20$C083086 Page 1 of 1 Name and Address of Coun SC-1 30 SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 95113 SMALL CLAIMS CASE NO.: 2080083086 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. lf 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. AWSO A TODOS LOS DEMANDANTES YDEMANDADOS: Su caso ha sido resuelto por la corte para rectamos judiciales menores. Si la cone ha decidido en su contra y ha ordenado que usted pague dinero, Ie pueden quitar su salario, su dinero, y otras cosas de su propiedad, sin aviso adicional por parte de esta corte. Lea el reverso de este formulario para obtener infonnacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, streetaddress, and telephone number of each): OPORTUN INC 2 Circle Star Way SAN CARLOS CA 94070 Telsph one No: DEFENDANTIDEMANDADO' (Name! slree! address, end telephone number of each): DALIA BERENISS FARIAS 544 RAINWELL DR SAN JOSE CA 95133 Teleph one No; Teiephone No. D See attached sheet for additional plaintiffs and defendants Teleph one NoA Date of Hearing: September 10, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT. Judgment was entered as checked below on 09/10/2020 1. 93.01:“ A@@fl DUDE U Defendant (name, ifmore than one): DALIA BERENISS FARIAS shall pay plaintiff (name, ifmore than one): OPORTUN INC. $ principal and: $ costs on plaintiff's claim. D Defendant does not owe plaintiff any money on plaintiffs claim. D Plaintiff (name, ifmore than one): OPORTUN INC. shall pay defendant (name, ifmore than one):DALIA BERENISS FARIAS $ principal andz$ 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 pen’od): 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 to Notice of Entry ofJudgment) (form SC-1 32) is attached. Other (specify): . This judgment results from a motor vehicle accident 0n a California highway and was caused by the judgment debtor's operation ofa motor vehicle. If the judgment is not paid. the judgment creditor may apply to have the judgment debtor‘s driver's license suspended. EDD . 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 (insert name and date): . CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party to this action. This Notice of Entry ofJudgmentwas 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. i E fl\&{ , Deputy True Parker Place of mailing: San Jose, California Date of mailing. OQ/deo g. K0\«\ :7 Clerk, by The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted (or Nlemative Mandatory Use Judicial Coundl OI Calrfomia 80-130 [Rev July 1, 2010] Code of Civil Procedures §1 16.610 www/coum‘nfo. cavgovNOTICE 0F ENTRY 0F JUDGMENT (Small Claims) 80-130 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment 0r 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 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 afierjudgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 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. Ask the judgment debtor to pay the money. If your claim was for possession of property, ask the judgment debtor to return the propeny to you. THE COURT WILL NOT COLLECT THE 2. If you lost the case and the court ordered you to pay money, MONEY OR ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay the claim unless you do one ofthe following things: c. STATEMENT OF ASSETS a. PAY THE JUDGMENT lfthejudgment debtor does not pay the money. the law The law requires you to pay the amount of the judgment. requires the debtorto fiII out a form called the Judgment You may pay the judgment creditor directly, or pay the Debtor‘s StatementofAssetonnn SC-133).This form willlell judgment to the court for an additional fee. You may also you what property the judgment debtor has that may be ask the court lo order monthly payments you can afford. available to pay your claim. If the judgment debtor willfully Ask the clerk for infomation aboutthese procedures. fails to send you the completed form. you may file an b. APPEAL Appiication and Order to Produce Statement of Assets and to If you disagree with the court's decision, you may appeal the Appear for Examination (form 80-134) and ask the court to decision on the otherparty's claim. You may not appeal the give you your attorney's fees and expenses and other decision on your own claim. However, if any party appeals. appropriate relief. after proper notice. under Code of Civil there will be a new trial on alt the claims. If you appeared at Procedure section 708.170. the trial. you must begin your appeal by fi1ing a form called a Notice of Appeal (form SC-1 40) and pay the required fees ORDER OF EXAMINATION within 30 days afler the date this Notice of Entry of You may also make the debtor come to court to answer Judgmentwas mailed or handedlo you. Yourappeal will be questions about income and property. To do this, ask the in the superior court. You will have a new trial and you must clerk for an Application and Order for Appearance and present your evidence again. You may be represented by a Examination (Enforcement of Judgment) (form EJ-125) and lawyer. pay the required fee. There is a fee if a law officer serves the c. VACATE OR CANCEL THE JUDGMENT order on the judgment debtor‘ You may also obtain the If you did not go to the trial. you may ask the court to vacate judgment debtors financial records. Ask the clerk for the Small or cancel the judgment To make this request, you must file Ciaims Subpoena and Declaration {form 80-107) or Civil a Motion r0 Vacate the Judgment (form SC-1 35) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Notice of Entry ofJudgment was mailed. lf your request is denied, you then . WRIT 0F EXECUTION have 10 days from the date the notice of denial was mailed After you find out about the judgment debtor's property, you to file an appeal. The period to file the Motion to Vacate the may ask the court for a Wn‘t of Execution (form EJ~130) and Judgment is 180 days if you were not propefiy served with pay the required fee. A writ of execution is a court paper that the claim. The 180-day period begins on the date you found tells a law officer to take property of the judgment debtor t0 out or should have found out about the judgment against pay your claim. Here are some examp1es of the kinds of you. property the officer may be able to take: wages, bank IF YOU WON THE CASE A H account, automobile, busmess property. or rental Income. 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 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. 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 buildings. You may want t0 put a lien on the property so that you will be paid if the property is sold, Y0u 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 ofJudgrnent. 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; 2080083086 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use (his form if an Abstract ofJudgment has been recorded) To the Clerk of the Court: | am the D judgment creditor D assignee of record. I agree that the judgment in this action has been paid in full or othemise satisfied. Date: (TYPE OR PRINT NAME) > (SIGNATURE) SC-130 [Rev July 1, 201 0] NOTICE 0F ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)
