Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.April 3, 2020

flame and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North FirstStreet San José, California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2080083128 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, Ie pueden quitar su salario. su dinero, y otras cosas de su propiedad, sin aviso adicional por parte de esta corte. Lea el reverse de este forrnulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, and telephone number of each): Suryanarayanan Vaitheeswaran 650 Castro St Mountain View CA 951 24 Telephone No: Dikshita Ayyar 650 Castro St Mountain View CA 94041 Telepho ne No, D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO' (Name, street address. and telephone number of each): Chitrangna Chauhan 3279 Julio Ave San Jose CA 95124 Telephone No.1 Aatishraj Kalawade 3279 Julio Ave San Jose CA 95124 Tel ephon e No, Date of Hearing: September 24. 2020 Hearing officer: Christine Copeland Judgment was entered as checked below on 09/29/2020 NOTICE OF ENTRY OF JUDGMENT Decision on Submitted Matter 1. D Defendant (name, if more than one): Chitrangna Chauhan: Aatishraj Kalawade shall pay plaintiff (name, if more than one): Suryanarayanan Vaitheeswaran; Dikshita Ayyar $ pn‘ncipal and: $ E 3. D costs on plaintiff’s claim. Defendant does not owe plaintiff any money on plaintiffs claim. Plaintiff (name, if more than one): Suryanarayanan Vaitheeswaran; Dikshita Ayyar shall pay defendant (name, ifmore than one):Chitrangna Chauhan; Aatishraj Kalawade $ principal and:$ Qanh DEJD Payments are to be made at the rate 0f: $ (specify day): balance may become due immediately. Dismissed in court D with prejudice. Other (specify): SEE ATI'ACHED m D EDD 10. debtor’soperation ofa motor vehicle. lf the judgment is not 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): per {specify period): day of each month thereafter until paid in full. If any payment is missed. the entire beginning 0n (date. D without prejudice Attorney-Clienr Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-1 32) is attached. Exhibits returned to presenting party. This judgment results from a motor vehicle accident on a California highway and was caused by the judgment the judgment creditor may apply topaid, have the judgment debtor's driver’s license suspended. 11. Enforcement ofthejudgment is automatically postponed for30 days or, ifan appeal is filed. until the appeal Es decided. 12. D This notice was personally delivered to (insen name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Entry 0f Judgment 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 ofmailing: San Jose. California Date of mailing: 12/1 6/2020 Clerk. u-y . Deputy Stacie Marshall and on the The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Alteman've Mandatory Use Judicial Council of California 80-130 [Rev July 1. 2010] Code cf Civil Procedures §116‘610 wwwlwurtinfocagovNOTICE 0F ENTRY OF JUDGMENT (Small Claims) SC-‘l 30 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 or until the appeal is decided. This means that thejudgment creditor cannot collect any money or take any action until this period is over. Generally. both parties may be represented by lawyers after judgment. 1F YOU LOST THE CASE . .. 1. If you lost the case 0n 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. 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 coun 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 lf 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 appears. there will be a new trial on all the claims. If you appeared at the trial. you must begin your appeai 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 Entry of Judgment was mailed or handed to you. Your appeal will be [n 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 0R 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 after the date this Notice of Entry ofJudgmenf was mailed. [f your request is denied. you then have 10 days from the date the notice of denial was mailed to file an appeal. The period t0 file the Motion r0 Vacate the Judgment is 180 days if you were no! properly served with the claim. The 180-day pen‘od begins on the date you found out or should have found out about the judgment against you. IF YOU WON THE CASE . .. 1. 2. If you were sued by the other party and you won the case. men 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 thejudgment 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. lf your claim was for possession of property, ask the judgment debtor t0 return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR 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 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 availabte to pay your claim. If the judgment debtor willfully fails to send you the completed form. you may file an Application and Order (o 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 708.1 70. 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-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 Small Claims Subpoena and Declaration (form 30-107) 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 0f Execution (form EJ-130) and pay the required fee. A writ of execution Es a court paper that tells a law officer to take property of lhe 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 infomation. 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 \M‘Il be paid if the property is sold. You can get a lien by filing an Abstract 0f 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 below and mail it to the court proper forrn. immediately or you will be fined. If an Abstract of Judgment has been recorded. you must use another form; see the clerk for the SMALL CLAIMS NO.: 205C083128 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 judgmentcreditor D assignee of record. | agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) p (SIGNATURE) 50-130 [Rev July 1, 2010] NOTICE OF ENTRY OF JUDGMENT PageZofa (Small Claims) 80-130 50130 [RMU’V ‘1 2°10] NOTICE 0F ENTRY 0F JUDGMENT P3993“ (Small Claims} SMALL CLAIMS JUDGMENT Case Name: Ayyar et al. v. Chauhan et a]. Case Number: 203C083 128 Date of hearing: 9/24/20 A11 parties were named properly and all parties appeared. Venue is proper, and service on both Defendants was proper and timely. Plaintiffs’ claim was filed timely. Defendants/landlords were within their rights to withhold $2730.00 of Plaintiffs’ $4000.00 security deposit. Plaintiffs’ damage to the home and yard was extensive during their year 0r so tenancy, and was beyond the scope of reasonable wear and tear. Defendants provided sufficient notice of damages and repair costs, and updates of same, especially given the level of difficulty getting estimates and scheduling contractors during the early months of quarantine and shelter-in-place. Plaintifi's will take $0.00 0n their claim Plaintiff is owed Defendant is owed Demand $ 0.00 $ Costs $ 0.00 $ Total $ 0.00 $ The clerk shall attach this page to, 0r include the above information in, the Judgment. Dated: 9/29/20 COMMISSIONER CHRISTINECOPEL‘,