Dismissal Entire ActionCal. Super. - 6th Dist.April 8, 2020Name and Address o! Coun _ SUPERIOR COURT 0F CALIFORNIA 3c 13° COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 2080083149 NOTICE To ALL PLAINTIFFS AND DEFENDANW Awso A Tooos Los DEMANDANTES YDEMANDADos: 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. 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 revelso de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, srree! address, and (erephone number o/each): DEFENDANTIDEMANDADO' (Name, street address, and telephone number of each): Oportun Inc OSCAR DAVID AVILA ISASI - 2 Circle Star Way 130 ROUNDTABLE DR San Carlos CA 94070 APT 02 SAN JOSE CA 95111 Tayepnone Nu: ’ Telephone Na: Home: 408-551-3138 Telephone No. Telephone No4 D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 22. 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 10122I2020 1. U Defendant (name, ifmore than one): OSCAR DAVID AVILA ISASI shall pay plaintiff (name, ifmore than one): Oportun Inc. $ principat and: $ costs on plaintiffs claim. 2. D Defendant does not owe plaintiff any money on pfaintiff‘s claim. 3. D Plaintiff (name, ifmore than one): Oportun Inc. shall pay defendant (name, ifmore than one):OSCAR DAVID AViLA ISASI $ principal andz$ costs on defendant‘s claim. 4. D Plaintiff does not owe defendant any money on defendant's claim 5. D Possession ofthe following property is awarded to plaintiff (describe property}: 6. D Payments are to be made at the rate of: $ per (specify period): beginning 0n (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. 7. E Dismissed in court D with prejudice. E without prejudice 8. U Attomey-Cfient Fee Dispute (Attachment to Notice of Entry ofJudgment) (form 80-132) is attached. ‘ 9. E Other (specify): No aggearance. 10. D This judgment results from a motor vehicle accident on a California highway and was caused by the judgment! debtor‘s operation of a motor vehicle If the judgment is not paid the judgment creditor may apply to have thejudgment debtor's driver‘s license suspended. 11. Enforcement 0fthe judgment Is automatically postponed for 30 days or. if an appeal is filed, until the appeal is decided. , 12. U This notice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify that I 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 7 Date of mailing: 02123I2021 Clerk, by , Deputy fl Ann Vizconde The county provides small claims advisor services free of charge. Read the information sheet on the reverse. fismdsszizrgfém: NOTICE 0F ENTRY 0F JUDGMENT “dam mgizinflziz‘oe sc-130 [RevJury 1.2010] - (SmalI Claims) SC-1 3O 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 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 period is over‘ Generally! both parties may be represented by lawyers afterjudgment. 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 appeai 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 c1aim unless you do one ofthe 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 the other palty’s claim. You may not appeal the decision on your own claim. However, if any patty appeals, there will be a new trial on all the claims. If you appeared at the trial. you must begin your appeal by fiIing 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 maited or handed to you. Your appeal will be in the superior courtv 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 50-135) and pay the required fee within 30 days afler the date this Notice ofEnt/y ofJudgmentwas mailed. 1f 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 the Judgment is 180 days if you were not propedy served with the claim. The 180vday 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. 1f 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 iudgment 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. If 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 Ifthe judgment debtor does not pay the money. the law requires the debtor to fill out a form called the Judgment Debtor‘s Statement ofAssefs (form SC-1 33). This form will tell y0u 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 (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 708.170. ORDER OF EXAMINATION You may also make the debtor come to court to answer questions about income and property. To do this, ask the cterk 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 OF EXECUTION Afler you find out about the judgment debtor‘s property, you may ask the court for a Wn’t of Execution (form EJ-130) and pay the required fee. A writ of execution is a court paper that tells a law officer to take property of the judgment debtor to pay your claim. Here are some examples of the kinds of 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 [aw officer for information. ABSTRACT 0F JUDGMENT The judgment debtor may own land or a house or othe‘r 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 Abslract of Judgment (fonn EJ-UOT) with the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract of Judgment. NOTICE T0 THE PARTY WHO WON: As soon as you have been paid in full, you must fill out the form below and maii 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 2080083149 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form ifan Abstract ofJudgmen: 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 in full or otherwise satisfied, Date: (TYPE 0R PRINT NAME) y (SIGNATURE) SC-1 30 [Rev July 1, 2010] NOTICE 0F ENTRY 0F JUDGMENT Page 2 of 2 (Small Claims)