Dismissal Entire ActionCal. Super. - 6th Dist.April 2, 2020‘ ‘i Name and Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 205C083094 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. AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: 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, 1e 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 informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, so'eer address, and telephone number of each): Oportun Inc 2 Circle Star Way San Carlos CA 94070 Telephone No: Telephone No. D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO' (Name, sUeeI address, and te'ephone number of each): GERARDO MATUTI RUVALCABA 13140 WATER ST SAN JOSE CA 951 11 Telepho n9 No.: Tefephone No. Date 0f Hearing: September 24, 2020 Hearing officer: Christine Copeland Judgment was entered as checked below on 09/24/2020 NOTICE OF ENTRY OF JUDGMENT 1. D Defendant (name, if more than one): GERARDO MATUTI RUVALCABA shall pay plaintiff (name, if more than one): Oportun Inc. pn'ncipal and: $ 2. D D Plaintiff (name, ifmore than one): Oportun Inc. costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiff's claim. shall pay defendant (name, ifmore than one):GERARDO MATUTI RUVALCABA $ principal andz$ 03014:- EDD Payments are to be made at the rate of: $ (specify day): balance may become due immediately. Other (specify): Dismissed in court E with prejudice for no appearance by plaintiff. Attorney-Cfien! Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-1 32) is attached. 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 prOpeny): per (specify period): day of each month thereafter until paid in full. If any payment is missed, the entire beginning on (date. D without prejudice Awwfi DUDE debtor’s operation ofa motor vehicle. If the This judgment results from a motor vehicle accident judgment is not paid, have the judgment debtor's driver’s license suspended. 11. Enforcement 0fthe judgment is automatically postponed for 30 days or, if an appeat i5 filed, until the appeat is decided. 12. D This notice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l 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 certification occurred at the place and on the date shown below. Place of mailing: San Jose, California Date 0f mailing: 09/30/2020 Clerk, b Stacie Marshall and on the on a California highway and was caused by the judgment the judgment creditor may apply to y DePUtY The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Nlernafive Mandatory Use JudIcEa1 Council of California $C-1 30 [Rev July 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Ctaims) Code of Civil Procedures §116.610 www/coumhfo. ca.gov f \l; J} SC-13O INFORMATION AFTER JUDGMENT l 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 1's called the judgment creditor. The person (0r business) who lost the case and who owes the money is called the judgment debtor. Enforcement of lhejudgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot coltect any money or take any action until this period is over. Generally. both parties may be represented by lawyers after judgment. IF YOU LOST THE CASE . . . 1. If you lost the case on your own claim and the coun did not award you any money. the court's decision on your claim is FINAL. You may not appeal your own claim. 2. lf 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 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 ceun's decision. you may appeal the decision on the other party's claim. You may not appeal the decision on your own craim. However, if any party appeals. there will be a new tn'al on allthe claims. If you appeared at the tn'al. you must begin your appeal by filing a form called a Notice 0f Appeaf (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 supen‘or court. You will have a new trial and you must present your evidence again. You may be represented by a lawyer. 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 after the date this Notice of Entry of Judgment was 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 (he Judgment is 180 days if you were not property 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 coun 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 0f Costs. b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was for possession 0f 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 If the judgment debtor does not pay me money. the law requires the debtor to fill out a form called the Judgment Debtor's Statement ofAssets (form 80-1 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 far 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 708.1 70. ORDER OF EXAMINATION You may also make the debtor come t0 court to answer questions about income and property. To d0 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 for the Small Claims Subpoena and Declaration (form SC-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT 0F 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 court paper that teils a law officer to take property of the judgment debtor to pay your daim. Here are some examples 0f 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 Jaw officer for information. ABSTRACT OF 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. 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 TO THE PARTY WHO WON: As soon as you have been paid in full. you must fill out the form betow 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 cterk for the proper form. SMALL CLAIMS NO; 205C083094 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded) To the Clerk of the Court: | am the D judgment creditor D assignee of record. | agree that thejudgment in this action has been paid I’n furl or otherwise satisfied. Date: (TYPE 0R PRINT NAME) p (SIGNATURE) 50-130 [Remy " ”‘0' NOTICE 0F ENTRY 0F JUDGMENT P39” °” (Small Claims)
