Dismissal Entire ActionCal. Super. - 6th Dist.April 22, 2020Name and Address of Court SC-1 30 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 1 91 North First Street San José. Célifornia 951 13 SMALL CLAIMS CASE NO.: 2080083213 AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: 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 reverse de este formulario para obtener informacién de importancia acerca de sus derechos. NOTICE TO 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. PLAINTIFFIDEMANDANTE (Name, sheaf address, and refephone number of each): Oportun Inc 2 Circle Star Way San Carlos CA 94070 Telephone No: DEFENDANT/DEMAN DADO' (Name, sires! address, and telephone number o! each): HERNAN GIJON GARCIA 1065 RANCHERO WAY APT 9 SAN JOSE CA 95117 Teleph one No.: D See attached sheet for additional plaintiffs and defendants Telephone No. Telephone No. Date 0f Hearing: October 27, 2020 Hearing officer: Christine Copeland J 1. 90+ BEE! DUDE NOTICE OF ENTRY OF JUDGMENT udgment was entered as checked beIow on 10/27/2020 U Defendant (name, ifmore than one): HERNAN GIJON GARCIA shall pay plaintiff (name, ifmore than one): Oportun Inc. $ principai and: $ costs on plaintiff‘s claim. Defendant does not owe plaintiff any money on plaintiff's claim. Plaintiff (name, ifmore than one): Oportun Inc. shall pay defendant (name, ifmore than one):HERNAN GIJON GARCIA $ principal and:$ costs on defendant's claim. Piaintiff does not owe defendant any money on defendant's c1aim Possession of the following propeny is awarded to plaintiff (describe property): Payments are to be made at the rate of: $ per (specify pen'od): beginning on (date. and on the (specifi/ day): day 0f each month thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. Dismissed in court E with prejudice. D without prejudice Attomey-Client Fee Dispute (Attachment to Notice of Entry ofJudgment) (form SC-1 32) is attached. Other (specify): This judgment results from a motor vehicle accident debtor‘s operation ofa motor vehicle. lf the judgment is have the judgment debtor's driver's license suspended. 1. Enforcement of the judgment is automatically postponed for 30 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 Entry ofJudgmentwas mailed first class, postage prepaid, in a sealed envelope to the patties at the addresses shown above. The mailing and this certification occurred at the place and on the date shown below, D D Ion a California highway and was caused by the judgment not paid, thejudgment creditor may applyto Place of mailing: San Jose. California Date of mailing: 10/28/2020 Clerk, by , Deputy 1 Hernandez The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted [or Altaman'va Mandatory Use Judicia! Council of California SC-130 [Rev July 1. 2010] Code of Civil Procedures §1 16.610 www/courrinfo.ca.govNOTICE 0F ENTRY OF JUDGMENT (Small Claims) SC-1 3O INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision ofthe 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 called the judgment creditor. The person (or business) who lost the case and who owes the money is called the judgment debtor. Enforcement ofthe 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 overl Generally! both parties may be represented by lawyers afierjudgment. b. VOLUNTARY PAYMENTIF 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 decisi0n 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 ofthe following things: a. PAY THE JUDGMENT The law requires you to pay the amount of the judgment. You may pay the judgment creditor directty, 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 infon'nation 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 afler the date this Notice of Entry of Judgmentwas 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 0R 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 SC-1 35) and pay the required fee within 30 days after the date this Notice of Entry of Judgmentwas mailed. [f 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 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. 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 0F ASSETS [f the judgment debtor does not pay the money, the law requires the debtor to fill out a form called the Judgment Debtor‘s Statement 0f Assets (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 to Produce Statement ofAssers and to Appear for Examination (form 80-134) and ask the ceurt 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 t0 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 forthe Small Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT 0F EXECUTION After you find out about the judgment debtor‘s propeny, you may ask the court for a Writ of Execution (form EJ-130) and pay the required feeV 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 law officer for information 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 fV ABSTRACT 0F JUDGMENT some sFeps yo“ may take t0 cone“ your money 0r QEt The judgment debtor may own land or a house or other possess'on °f your pmpeW: buildings. You may want to put a lien on the property so that a, COLLECTING FEES AND INTEREST you will be paid if the property is sold. You can get a lien by 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 filing an Abstract of Judgment (form EJ-OO1) with the county recorder in the county where the property is located. The recorder will ch arge a fee for the Abstract ofJudgment. clerk for a Memorandum of Costs. 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 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‘: ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) 203C08321 3 To the Clerk of the Court: | am the U 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) l (SIGNATURE) SC-130 [Rev July 1. 2010] Page 2 o! 3NOTICE OF ENTRY 0F JUDGMENT (Small Claims)