Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.April 6, 2020Nameznd Address ofCourt SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2050083137 NOTICE T0 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. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales menores. Si Ia 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 adicional por parte de esta corte. Lea el reverso de este fonnulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name. skeet address, and telephone number of each): Allen R Chen 824 Kyle Street San Jose CA 95127 Telephone No: DEFENDANT/DEMANDADO‘ (Name, skeet address. and telephone numba of each): Wells Fargo Bank NA Serve on Corporate Service Company 2710 Gateway Oaks Drive Suite 150N Sacramento CA 95833 Terepho n9 No; TeTephone No‘ D See attached sheet for additional plaintiffs and defendants Telephone No. Date 0f Hearing: September 24, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 09/25/2020 1. D Defendant (name, ifmore than one): Wefls Fargo Bank, N.A. shall pay plaintiff (name, ifmore than one): Allen R Chen . . . pn‘ncipal and: $ costs on plaintiff's claim. Demsmn 0n Smemed matter 2. E Defendant does not owe plaintiff any money on plaintiff's claim. 3. D Plaintiff (name, if more than one): Allen R Chen shall pay defendant (name, if more than one):We|ls Fargo Bank, N.A. $ principal andz$ costs 0n defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant's ciaim 5. D Possession of the following property is awarded to plaintiff (describe property): 6. D 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 thereafler until paid in full. If any payment is missed, the entire balance may become due immediately. 7. D Dismissed in court U with prejudice. D without prejudice 8. D Attorney-Client Fee Dispute (Attachment {o Notice of Entry of Judgment) (form SC-132) is attached. 9. E Other (specify): SEE ATTACHED Exhibits returned to presenting party. 10. D This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtors operation of a motor vehicle. If the judgment is not paid, the judgment creditor may apply to have the judgment debtor's driver's license suspended. 11. Enforcement ofthejudgment is automatically postponed for 30 days or, ifan appeal is filed, until the appeal is decided. 12. D This notice was personally delivered to (insert name and date): 13. 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 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: 1211612020 Clerk. . Deputy Stacie Marshall The county provides small claims advisor services free of charge. Read the information sheet on the reverse. J Form Adopted for Alternative Mandatory Use Judidal Couna'l of Callfomia sc-1so [Rev July 1.2010] Code of Civil Procedures §116.610 www/couninfolcagovNOTICE OF ENTRY OF JUDGMENT (Small Claims) SC-130 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small cIaims case has been decided. The judgment 0r decision of the court appears on the front 0f 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 thejudgment 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 aflgjudgment. 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. 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 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 of the following things: c. STATEMENT 0F ASSETS a. PAY THE JUDGMENT If thejudgment debtor does not pay the money. the law The law requires you to pay the amount of the judgment. requires the debtorto fill out a form called the Judgment You may pay the judgment creditor directly. or pay the Debtor's StafementofAssetonrrn SC-133).Thisform will tell judgment to the court for an additional fee. You may also you what property the judgment debtor has that may be ask the court to order monthly payments you can afford. available to pay your claim. If the judgment debtor willfully Ask the clerk forinfonnation aboutlhese procedures. falls to send you the completed form. you may file an b. APPEAL Application and Order to Produce Statement ofAssets and to [f you disagree with the court's decision, you may appeal the Appear for Examination (form 50-1 34) and ask the court to decision on (he otherparty's claim. You may notappeal 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 all the claims. [f you appeared at Procedure section 708.170. the trial. you must begin your appeal by filing a form called a Notice 0f Appeal (form 80-140) and pay the required fees ORDER OF EXAMINATION within 30 days after the date this Notfce of Entry of You may also make the debtor come to court to answer Judgmentwas mailed or handed to you. Your appeal will be questions about income and property. To do this. ask the inthe superiorcourt.You will havea newtrialand 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 raw officer serves the c. VACATE 0R 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 Smal! or cancel the judgment. To make this request. you must file Claims Subpoena and Declaration (form 80-107) or CM! a Motion to Vacate (he Judgment (form 50-135) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Notice of Entry of Judgment was mailed. If 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 Morfon to Vacate the may ask the coud for a Writ of Execution (form EJ-1 30) and Judgment is 180 days if y0u were not properly served with pay the required fee. A wn‘t of execution is a court paper that the claim. The 180-day period begins on the date you found tells a law officer t0 take property of the judgment debtor to out or should have found out about the judgment against pay your claim. Here are some examples of the kinds of you. property the officer may be able to take: wages, bank 1F YOU WON THE CASE ~ ' ' account, automobile. busmess property, or rental Income. 1. 1f 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 t0 collect your money or get possession of your property: a. COLLECTING FEES AND INTEREST Sometimes fees are charged for fi1ing court papers or for serving the judgment debtor. These extra costs can become part of your on‘ginal 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 information. ABSTRACT 0F 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 w1‘l1 be paid if the property is sold. You can get a tien 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 T0 THE PARTY WHO WON: As soon as you have been paid in full, you must fiII 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.2 208C083137 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do no! 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. | agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: h $0130 [Rev July 1. 2010] Page 2 of 3NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) SC-130 (TYPE OR PRINT NAME) (SlGNATURE) Page 3 of 3NOTICE OF ENTRY OF JUDGMENT$C-130 [RevJuly 1,2010] (SmaII Claims) SMALL CLAIMS JUDGMENT Case Name: Chen v. Wells Fargo Bank Case Number: 203C083 137 Date 0f hearing: 9/24/20 The claim was filed timely, venue is proper, and notice was proper and timely. Plaintiff is a customer 0f Wells Fargo Bank. Defendant mailed a notice ofan account change t0 Plaintiff and asked Plaintiffto verify that the requested change was actually from him. Plaintiff called Defendant in response t0 the notice Plaintiff received. When he called Defendant, he got the usual pre-recorded notice telling him that the call may be monitored. Plaintiffwas told that the person he needed to speak with would call him back. Mr. Garcia (who represented Defendant at the hearing) called Plaintiff back shortly thereafter. Plaintiff says that seven or eight minutes into the phone conversation, he asked Defendant if he was being recorded and Mr. Garcia said he was not sure. Mr. Garcia does not disagree with that, other than his contention that the two were only about one minute into the call. Plaintiff did not want t0 be recorded 0r monitored and so he hung up on Defendant. Plaintiff now seeks statutory damages 0f $5000.00 based on not being forewarned about the possibility that the call would be recorded. CA Penal Code section 637.2 states, in pertinent part, as follows: (a) Any person who has been injured by a violation offhis chapter may bring an action against the person who committed the violationfor the greater 0fthefoilowing amounts: (1) Five thousand dollars ($5,000) per violation. (2) Three times the amount ofactual damages, ifany, sustained by the plainttfl (c) It is not a necessary prerequisite (a an action pursuant (a (his section that the plaintijfhas suffered, 0r be threatened with, actual damages. [Emphasis was added for all words in bold] It appears that proofof an injury is a prerequisite to recovery. It is not clear how Plaintiffhas been injured. Further, Plaintiffdid not prove that he was being recorded or monitored when the Defendant returned Plaintiff’s phone call. Also, if Plaintiffwas recorded, his expectation that the return call would be private is not reasouable. Plaintiff himself hadjust called the bank and acknowledged hearing the usual recording that the call may be monitored. If the incoming call might be monitored, it is not a reasonable assumption that the Outgoing cal] would be private and not recorded or monitored. Plaintiff is owed Defendant is owed Demand $ 0.00 $ Costs $ 0.00 S Total $ 0.00 $ The clerk shall attach this page to, or include the above information in, the Judgment. ‘a/ Dated: 9/25/20 ( COMMISSIONER- CHRISTINE COPELA A
