Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.April 9, 2020; 45‘ Name and Address of Coon SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SC-130 SMALL CLAIMS CASE NO; 208C083140 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, 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 formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, sweet address, and telephone number of each): Heejoo Yang 993 Wisteria Ter DEFENDANTIDEMANDADO' (Name, street address, and teiephone number of each): Sam Soon Chon 60 Wilson Way SPC 180 Sunnyvale CA 94086 Telephone No: Teleph one No. D' See attached sheet for additional pIaintIffs and defendants Milpitas CA 95035 Telephone No‘: Telephone No. Date of Hearing: September 24, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 09/24/2020 1. 9’9"? $09074 D EDD 10. D Defendant (name, ifmore than one): Sam Soon Chon shall pay plaintiff (name, if more than one): Heejoo Yang $ principal and: $ costs on plaintiff’s claim. E Defendant does not owe plaintiff any money on plaintiff‘s claim. E Plaintiff (name, ifmore than one): Heejoo Yang shall pay defendant (name, if more than one):Sam Soon Chon $ 334 principal and t$50 costs 0n 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 period): beginning on (date. and on the (specify day): day of each month thereafter until paid in full. 1f any payment is missed. the entire balance may become due immediatety. Dismissed in court D with prejudice. D without prejudice Attorney-Clienr Fee Dispute (Attachment r0 Notice of Entry of Judgment) (form SC-1 32) is attached. Other (specify): SEE ATTACHED Exhibits returned to presenting party. This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation ofa motor vehicle. If the judgment is not paid, thejudgment creditor may apply to have the judgment debtor‘s driver’s license suspended. Decision on Subm'rtted Matter EDD . Enforcement ofthejudgment is automatically postponed forSO 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 Enrly of Judgmentwas 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: 12/16/2020 Clerk by V , Deputy Stacie Marsha“ The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Allemative Mandatory Use Judida! Couna'l of California 50-1 30 [Rev July 1. 2010] Code of Civil Procedures §1 16.610 nw/comimosa govNOTICE 0F ENTRY 0F JUDGMENT (Small Claims) 30-130 INFORMATION AFTER JUDGMENT INFORMA CION 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 coHect the money is called thejudgment creditor. The person (0r business) who lost the case and who owes the money is called thejudgment 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 0r 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 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 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 lf you disagree with the court's decision. you may appeal the decision on (he other pan‘y’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 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 Judgmentwas mailed 0r 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 lawyer. c. VACATE OR CANCEL THE JUDGMENT 1f 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 80-1 35) and pay the required fee within 30 days afler me 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 fife the Motion (o Vacate the Judgment is 180 days if you were nor 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 court papers 0r for sewing 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. b. VOLUNTARY PAYMENT Ask the judgment debtor t0 pay the money. 1f 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 0F ASSETS If thejudgment debtor does not pay the money. the law requires the debtor to fill out a form called the Judgment Debtor's Statement ofAssets (form 80133). This form will tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor willfully falls to send you the completed form, you may file an Application and Order to Produce Statement ofAssefs and to Appear for Examination (form SC-1 34) and ask the court t0 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 property. To do 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 [aw 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 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-130) and pay the required fee. A writ of execution is a coun paper that telts a law officer to take propeny of the judgment debtor to pay your claim. Here are some examples of the kinds of propefiy the officer may be able t0 lake: 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 0r 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 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 t0 the court immediately or you will be fined. If an Abstract 0f Judgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: ACKNOWLEDGEMENT OF SATISFACTION 0F JUDGMENT (Do not use (his form if an Abstract ofJudgment has been recorded.) 2080083140 To the Clerk of the Court: | am the D judgment creditor D assignee of record. I agree that thejudgment in this action has been paid in fuli or otherwise satisfied. Date: (TYPE 0R Pam NAME) } (SIGNATURE) 80-130 [Rev Juiy 1. 2010] Page 2 of 3NOTICE OF ENTRY 0F JUDGMENT (Small Claims) SC-1 3O %38 30¥5 50m [REVJU'V 1-2010] NOTICE 0F ENTRY 0F JUDGMENT ”“99“” (Small Claims) SMALL CLAIMS JUDGMENT Case Name: Yang v. Chon and Chon v. Yang (each party filed a claim) Case Number: 208C083 140 Date of hearing: 9/24/20 Each party filed their claim timely, venue is proper, and the claims were served timely and properly. Plaintiff’s security deposit was $1300.00. Plaintiff moved out 0n 1/3 1/20. On 2/10/20, Defendant gave Plaintiff a check for $1000.00, as return of her security deposit. Plaintiff cashed the check. Defendant withheld $300.00 for cleaning. Plaintiff now sues for the remaining $3 00.00. Though Defendant already returned most of the security deposit about five months prior, she filed a counterclaim on 7/16/20 claiming damages 0f $2216.00. Defendant explained that shejust wanted to move on, so did not withhold all 0fthe security deposit. That mindset changed when Defendant was served with Plaintiff’s lawsuit. Defendant properly withheld $300.00 for necessary cleaning, so Plaintiff is not owed anything in addition to what Defendant already reimbursed her. This court finds that Plaintiff owes pro-rated rent of $284.00 to Defendant because Plaintiff did not give 30 days’ notice. She also owes Defendant a $50.00 late rent fee (per the lease). Some might say that Defendant is not entitled t0 these awards since she did not already deduct them from the deposit when she had the chance t0 d0 so. CA Civil Code section 1950.5 places various restrictions 0n landlords if they are withholding all 0r some 0f the security deposit. Here, Defendant did not withhold unpaid rent frOm the deposit, and this Court does not find she waived that rightjust because she did not take it from an available source (the deposit) at an earlier point in time. Her counterclaim was filed within the specified timeframe for breach (unpaid rent) of a written contract. Returning $1000.00 ofthe $1300.00 in order t0 try t0 keep the peace with Plaintifi‘is not construed as a waiver 0f Defendant’s rights. Plaintiff is owed Defendant is owed Demand $ 0.00 $334.00 Costs $ 0.00 $50.00 + 0.00 Total $ 0.00 $3 84.00 The clerk shall attach this page t0, 0r include the above information in, the Judgment.f/xDated: 9/24/20 COMMiSSIONER CHRISTINE COPELAND
