Dismissal Entire ActionCal. Super. - 6th Dist.April 9, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA SC-‘I 30 COUNTY 0F SANTA CLARA 191 North First Street San José. California 951 13 SMALL CLAIMS CASE NO.: 2080083158 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. V 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 reverse de este fonnulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, and telephone number of each): DEFENDANTIDEMANDAD 0' (Name, sires! address, and telephone number of each): Oportun Inc DOMINICK JOSEPH APARICIO 2 Circle Star Way 10343 HAGA WAY San Carlos CA 94070 SAN JOSE CA 95111 Telephone No: Telephone No.: Terephone No. r Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 22, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 1012212020 1. D Defendant (name, ifmore than one): DOMINICK JOSEPH APARICIO shall pay plaintiff (name, ifmore than one): Oportun lnc‘ $ principal and: $ costs on plaintiffs claim. 2. D Defendant does not owe plaintiff any money on plaintiff's claim. 3. D Plaintiff (name, ifmore than one): Oportun Inc. shall pay defendant (name, ifmore than one):DOM|NICK JOSEPH APARICIO $ principal and2$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant‘s claim 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 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. D Attomey-Client Fee Dispute (Attachment to Notice of Entry ofJudgment) (form 80-132) is attached. 9. E Other (specify): No aQQearance. 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 the judgment debtors driver's license suspended. 11. Enforcement of the judgment is automatically postponed for 30 days or. if an appeal is filed, untit the appeal is decided. 12. D This notice was personally delivered to (insen‘ name and date): 13. CLERK'S CERTIFICATE 0F MAILING-«l certify that l 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. Thevmailing and this certification occurred at the place and on the date shown below. Place of mailing: San Jose, California z, Date of mailing: 02123/2021 Clerk, by , Deputy Ann Vizconde The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted forAltemative Mandatory Use NOTICE 0F ENTRY 0F JUDGMENT Code o! Civfl Procedures §116.610 Judida! Cou ndl o! Califunia sc-130[Rev July 1. 2010] (Small Claims) mm/ccurtinfo.cagov SC~130 INFORMATION AFTER JUDGMENT I 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 ofthis 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 calied the judgment creditor. The person (or 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 or take any action until this period is over. Generally, both parties may be represented by lawyers afierjudgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 1. If you lost the case on your own claim and the court did not Ask thejudgment debtorto pay the money. If your ciaim was award you any money, the court's decision on your claim is for possession of property‘ askthejudgment debtor to return FINAL. You may not appeal your own claim. the propeny to you. THE COURT W1LL NOT COLLECT THE 2. If you lost the case and the court ordered you to pay money, MONEY 0R ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay the claim 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 directiy, or pay the judgment to the court for an additional fee. You may also ask the court t0 order monthly payments you can afford. Ask the clerk for information about these procedures. b. APPEAL If 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 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 Nolice of Envy of Judgment was mailed or handed to you. Your appeal will be in the superior coun. 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 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 (o Vacate the Judgment (form 80-135) and pay the required fee within 30 days afler the date this Notice of Entry of Judgment was mailed. If your request is denied, you then have 1O days from the date the notice 0f denial was mailed to file an appeal. The period to file the Motion Io Vacate the Judgment is 180 days if you were not properly 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. lf 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 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 of Costs. c. STATEMENT OF ASSETS lfthe 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 80-133). 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 t0 Produce Statement 0f 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 708170, ORDER OF EXAMINATION You may also make the debtor come to coutt 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 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 80-107) or Civil Subpoena Duces Tecum (form SUBP-OUZ). . WRIT 0F EXECUTION After you find out about the judgment debtors 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 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 properly 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 information. 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 wilt be paid if the property is sold. You can get a lien by fi1ing 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 of Judgment NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full. you must filt 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 205C083158 ACKNOWLEDGEMENT 0F SATISFACTION OF JUDGMENT (Do not use this form ifan Abstract ofJudgment has been recorded.) To the Clerk of the Court: I 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 OR PRINT NAME) p (SIGNATURE) SC-1 30 [Rev Juiy 1. 2010] NOTICE 0F ENTRY OF JUDGMENT Page 2 012 (Small Claims)