Dismissal Entire ActionCal. Super. - 6th Dist.April 23, 2020Name and Address cf Court SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José. California 95113 SC-1 30 SMALL CLAIMS CASE NO.: 2080083222 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 adlcional por parte de esta corte. Lea el reverso de este formulario para obtener informacién de lmportancia acerca de sus derechos. NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been declded. 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, street address, andrelephone number ofaadv): OPORTUN INC 2 CIRCLE STAR WAY SAN CARLOS CA 94070 Telephone ND: DEFENDANTIDEMANDADO‘ (Name, street address, and telephone number of each): ANABELLA OLIVA 16880 ZINFANDEL CIR MORGAN HILL CA 95037 Telephone Na: Telephone N04 Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 29, 2020 NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 10/29/2020 1. D Defendant (name, if more than one): ANABELLA OLIVA shall pay plaintiff (name, ifmore than one): OPOR‘IUN INC. principal and: $ costs on plaintiffs claim. 2. D Defendant does not owe plaintiff any money on praintiffs claim. 3. D Plaintiff (name, if more than one): OPORTUN INC. shall pay defendant (name, if more than one):ANABELLA OLIVA $ principal andz$ 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): Payments are to be made at the rate of: $ per (specify period): beginning on (dare. 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. Dismissed in court E with prejudice. [:1 without prejudice Attorney-Client Fee Dispute (Attachment to Notice ofEntry ofJudgment) (form 80-132) is attached Other (specify): . This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtors operation of a motor vehicle. If the judgment is not paid. the judgment creditor may apply to have thejudgment debtors driver‘s license suspended. 11. Enforcement ofthejudgment is automaticany postponed for30 days or, if an appeal is filed. until the appeal is decided, 12. D This notice was personaliy delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party to this action. This Notice of Entry of Judgment was mailed first class, postage prepaid, in a sealed envelope t0 the parties at the addresses shown above. The mailing and w \m Melanie Bueno Hearing officer: Christine Copeland 001A EDD Amww DUDE Place of mailing: San Jose. California Date of maifing: 0411012021 The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Coda o! Ovfl Procedures §116.610Form Adapted rérmtemau‘va Mandaxory Use wv/nourfinfocagov JucidaJ Coma] cf Caflfom‘a 80-130 [Rev Jay 1. 2010] NOTICE 0F ENTRY OF JUDGMENT (SmalI Claims) SC-1 30 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. Thejudgment 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 the judgment is postponed until the time for appeal ends or untit the appeal is decided. This means that the judgment creditor cannot co1lect any money or take any action until this period is over. Generally. both parties may be represented by lawyers aflerjudgment. lF 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. If you lost the case and the court ordered you to pay money. your money and property may be taken to pay the daim 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 judgmem 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 on the other party‘s claim You may not appeal the decision on your own claim However, if any party appea1s. there will be a new m‘al 0n all the claims. [f you appeared at the tn‘al. you must begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees \M‘thin 30 days after the date this Notice of Entry of Judgmentwas mailed or handed to you. Your appeal will be in the superior court. You w1'll 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 t0 vacate 0r 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 after the date this Notice of Early of Judgment was mailed. If your request is denied, you then have 10 days from lhe 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 properiy served with the claim. The 1BD-day pen‘od begins on the dale 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 coIlect 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 debtorV These extra costs can become pan of your original judgment. To daim these fees, ask the clerk for a Memorandum of Costs. b‘ VOLUNTARY PAYMENT Ask the judgment debtor lo pay the méney. If your claim was for possession of property. ask the judgment debtor lo return the property lo you. THE COURT WILL NOT COLLECT THE MONEY OR 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 ofAssets (form 80-133). This form will tell you what property-lhe judgment debtor has that may be available to pay your claim. If the judgment debtor willquy fails to send you the completed form. you may file an Application and Order to 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, afler proper notice. under Code of Civil Procedure section 708.170. . ORDER OF EXAMINATION You may also make lhe debtor come lo 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 $0107) or Civil Subpoena Duces Tecum (form SUBP-002). . WRIT OF 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 wn‘t of execution is a court paper that lells 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. 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 witl be paid if the property is sold. You can get a lien by filing an Abst/act of Judgment (form EJ-OU1) 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 immediateiy or you will be fined. If an Abstract of Judgment has been recorded. you must use another form; see the cterk for the proper fon’n. SMALL CLAIMS NO‘: 2080083222 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form ifan Abstract of Judgment has been recorded.) To the Clerk of the Court: I 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-130 [Rev me 1. 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)
