Dismissal Entire ActionCal. Super. - 6th Dist.April 9, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 95113 80-130 SMALL CLAIMS CASE No.2 20800831 52 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 Ia‘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 reverse de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, sheet address, and telephone number o! each): Oportun lnc 2 Circle Star Way San Carlos CA 94070 Telephone No: Telephone ND. D See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO‘ (Name, street address, and telephone number of each); JUAN PABLO ALFARO FLORES 10372 DOVER WAY SAN JOSE CA 95127 Telephone No.: Telephone No. Date of Hearing: October 22, 2020 Hearing officer: Christine Copeland Judgment was entered as checked below on 10(221'2020 NOTICE OF ENTRY 0F JUDGMENT 1. D7 Defendant (name, ifmore than one): JUAN PABLO ALFARO FLORES shall pay plaintiff (name, ifmore than one): Oponun Inc. $ principal and: $ 2. D D Plaintiff (name, ifmore than one): Oponun Inc. costs on plaintiffs ctaim. Defendant does not owe plaintiff any money on plaintiffs claim. shall pay defendant (name, ifmore than one):JUAN PABLO ALFARO FLORES $ principal andz$ @919 DUI] Payments are to be made at the rate of: $ (specify day): balance may become due immediately. Dismissed in court D with prejudice. Other (specify): No Aggearance.BEBE debtor‘s operation ofa motor vehicle. If 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 pen'od): day of each month thereafter until paid in full. If any payment is missed. the entire beginning on (date. E without prejudice Attomey-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form 30-132) is attached. This judgment results from a motor vehicle accident on a California highway and was caused by the judgment paid, thejudgment creditor may applyto have the judgment debtor's driver’s license suspendedl 11. Enforcement of thejudgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. D This notice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE 0F 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 how below. Place of mailing: San Jose, California Date of mailing: 0212312021 Clerk, by /Ann Vizconde The county provides small claims advisor services free of charge. Read the infon'nation sheet on the reverse. Form Adopted for Alternative Mandatory Use Judicial Councn of California 80-130 [Rev Juiy 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) and on the . Deputy Code of Civil Procedures §1 16.610 www/coum'nfo.ca.gov SC-130 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 ofthis sheet The court may have ordered one party t0 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 the judgment creditor cannot collect any money 0r take any action until this pen’od is over. Generally, both parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE . . _ 1. lf 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 ciaim. 2. If you [ost 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 fol|0wing 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 [f you disagree with the court's decision, you may appeal the decision on the other party's cfaim. You may not appeal the decision on your own claim However. 1f any party appeals, there will be a new trial on allthe claims If you appeared at the trial. you must begin your appeat 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 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 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 to Vacate the Judgment (form 80-135) and pay the required fee within 30 days afier the 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 fire an appeal‘ The period t0 fire the Motion to Vacate the Judgment is 180 days if you were nor 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. 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 or for sewing 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, 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 OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF 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 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 (o Produce Statement ofAssets 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 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 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-ODZ). . WRIT 0F EXECUTION After you find out about the judgment debtors property, you may ask the court for a Wn’t of Execution (form EJ-130) and pay the required fee, A writ 0f 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 lo take: wages. bank account, automobile, business property, or rental income. For some kinds of property, you may need to fi1e 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 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 to the court immediately or you witl 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; 208C083162 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use (his form if an Abstract ofJudgment has been recorded) To the Clerk of the Court: l am the D judgment creditor D assignee of record. l agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE 0R PRINT NAME) } (SIGNATURE) sc‘mmem‘w-m’o] NOTICE 0F ENTRY 0F JUDGMENT P39“ 2 ”'2 (Small Claims)