Dismissal Entire Action

Cal. Super. - 6th Dist.April 21, 2020

[A Name and Address of Com SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 1 91 North First Street San Jose', California 951 13 SC-130 SMALL CLAIMS CASE NO.: 2050083215 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. 1f you lost the case, and the court ordered you to pay moriey. 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. Telephone Nov U See attached sheet for additional plaintiffs and defendants PLAINTIFF/DEMANDANTE (Name. street address. and telephone number 01’ each): Qing Wang 461 Northlake Dr Apt 22 San Jose CA 951 17 Tele phone No: DEFENDANT/DEMANDADO' (Name, street address, and relepnone number o! each): Yingying Miao 6919 Hollybrook Dr Sacramento CA 95823 Telep hone No.: Telephone No. Date of Hearing: November 02, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY OF JUDGMENT ' Judgment was entered as checked below on 11/02/2020 1. @919 EDD DUDE D D D Defendant (name, if more than one): Yingying Miao shall pay plaintiff (name, if more than one): Qing Wang principal and: $ costs on plaintiff‘s claim. Defendant does not owe plaintiff any money on plaintiff‘s claim. Plaintiff (name, ifmore than one): Qing Wang shall pay defendant (name, ifmore than one):Yingying Miao $ principal and:$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession 0f 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 (specifir day): day of each month thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. Dismissed in court D with prejudice. E without prejudice Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. Other (specify): . This judgment resuits from a motor vehicle accident 0n 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. . Enforcement ofthe judgment is automatically postponed for 30 days or. if an appeal is filed, until the appeal is decided. Z CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Enfry ofJudgmentwas This notice was personally delivered to {insert name and date): mailed first class, postage prepaid. in a sealed envelope t0 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 of mailing: 06/28/2021 WClerk, by H Shantel Hernandez .Depuw The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Alternative Mandatory Use Judicial Council of California SC-130 [Rev Julv 1.20101 Code of Civil Procedures 51 16.610 www/coum‘nfo.ca.govNOTICE OF ENTRY OF JUDGMENT (Small Claimgi SC-130 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment 0r 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 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 unlit 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 appeal your own claim. 2. 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 If you disagree with the court's decision. you may appeal the decision 0n (he other party's claim. You may not appeal the decision on your own claim. However‘ if any party appeals. there will be a new tn‘al on a/Hhe claims. If you appeared at the trial, you mus! begin your appeal by filing a form called a Notice of Appeal (form 89-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgmenrwas mailed or handed to you. Your appeaI 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 g0 to the trial, you may ask the court to vacate or cancel the judgment. To make this request. you must file a Motion f0 Vacate (he Judgment (form 80-135) and pay the required fee within 30 days after 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 t0 file an appeal. The period to file the Motion to Vacate the Judgment is 180 days if you were not properly served with the claim. The iBO-day period begins on the date you found out 0r shoutd have found out about the judgment against you. IF YOU WON THE CASE . .. ‘l. 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 t0 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 thejudgment debtor. These extra costs can become part of your original judgment. T0 cfaim 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 t0 return the propeny to you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT 0F 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 ofAssers (form SC-1 33). This form will tell you what property the judgment debtor has that may be available to pay your claim. 1f the judgment debtor willfully fails to send you the completed form. you may file an Application and Order r0 Produce Statement of Assets and to Appear for Examination (form SC-1 34) 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 708.1 70. ORDER OF 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-1 25) and pay the required fee. There is a fee ifa law officer serves the order on the judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Smafl Claims Subpoena and Declaration (form 80-107) or CM! 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-1 30) and pay the required fee. A writ of execution is a court paper that tells a law officer t0 take property 0f 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. 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 T0 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 thex proper form. SMALL CLAIMS NO.: 2030083215 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: I am the D judgment creditor D assignee of record. I agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) p (SIGNATURE) 50-130 [Remy 1' 201°] NOTICE 0F ENTRY 0F JUDGMENT ”992°” IQ mall Ploimc\