OtherCal. Super. - 6th Dist.May 22, 2020‘neci'o‘N‘m. orncas BAKERSFIELD TELEPHONE (661 322-3051 FAX (661 322-1625 FRESNO TELEPHONE ($9) 268-01 FAX (559) 37-7995 LOS ANGELES TELEPHONE [23) 624-2369 FAX (2m 439-3930 MODESTO TELEPHONE (209) 576-701 FAX (209) 527m ORANGE COUN'IY TELEPHONE (S62) 596-2100 FAX (562) 596-7322 LAW OFFICES OF Borton Petrini, 11p 95 SOUTH MARKET STREET, SUITE 400 SAN JOSE, CALIFORNIA 95113-2301 (408) 535-0370 mm (403) 535-0878 EMAIL: BPS]@BORTONPFI'RINLCOM WEB SITE: WWW.BORTONPETRINI.COM P_E. BURTON (1577-19-18) JAMES PETI'UNI (1897-1978) HARRY M. CONRON (1907-1971) RICHARD E HITCHCOCK (1915-2001) JOHN P. PFI'RINI (194442008) REGIONAL OFFICES SACRAMENTO TELEPHONE (9E) 858-22 FAX (9i) 353-152 SAN BERNARDINO TELEPHONE I909] 3810517 FAX (909] 3310658 SAN DIEGO TELEPHONE [69) 232-2424 FAX (EB) 51-0794 SAN FRANCISCO TELEPHONE (4S) 677-0730 FAX (45) 677-0737 1N REPLY REFER TO OUR FILE NO. San Jose 00000/755 16 May 20, 2020 VIA USPS Mail: ._ mam F ' ‘t Superior Court of California ”$3@EWE‘ County of Santa Clara '_- l Attn: Small Claims Appeals AUG 0 6 2020 191 North First Street ' t a‘m Court S efigéglkdsgaggumy lol Santa \Oiata up DEPUTY BY JPPPa/Q CaS/L # flogc 0g 53LH+ San Jose, CA 951 13 Re: Cheny vTam Case# 2OSC082326 Dear Clerk 0f the Court: Angelica Le, a dismissed party t0 the above referenced Small Claims Appeal case, has received a notice from the court regarding the upcoming appeal hearing date. As Ms. Le was dismissed from case# 19SC081827 (a copy 0f which is enclosed), on the Notice of Entry of Judgment, she will not be in attendance for the upcoming appeal hearing 0n August 21, 2020.‘ Should you have questions about the above, please contact my office. Very truly yours, Samuel L. Phillips sphjllips@bortonpeu'ini.com SLP:sjy Enclosure: Notice ofEntry ofJudgment - 198C081827 2020-08-03 Ltr to SCIara Sup Ct - Small Claims - Aug ZIst hrg 8"‘( "x \J' Name and Adam‘s mcm \-/ sc_1 30 SUPERIOR‘ COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. Caiifomia 951 ‘13 I ' \ SMALL CLAIMS CASE NO; 1936081827 V NOTICE To ALL PLNNHFFS AND DEFENDms: Awso A moos Los DEMANDANTES YDEMANDAoos: Su caso ha sIdo resuelto por la corte para reclamos judicialas menores. Si la code ha dacidido ensu contra y ha ordenado qua usted pague dinero, le pueden guitar su sala'rio, su dlnero, y otras cosas de su propledad, sln aviso adlclonal por part2 de esta corte. Lea el reverse de este fonnularlo para obtener informacién de Imponancla acerca de sus derechos. Your small ciaims case has been decided. If you lost the case. and the court ordered you to pay méney, your wages, money, and property may be taken without further warnlng from the court.“ Read the back of this sheet for Important information about your rlghts. PLNNTIFFIDEMANDANTE (Mama, Wedding and fleflapmna number of each): DEFmDANT/DEMANDADO' (Name. me: add‘esa. and Mephmsmmberufeacfl): Carolyn Cherry Angelic Le 1777 Newbury Park # 203 Incorrectly Sued As: Angelic Tam SAN JOSE CA 951 33 177T Newbury Park Dr # 243 ,SAN JOSE CA 95133 AWEH3 Quach Tam(ORDER ON SUBMHTED M 1777 Newbury Park Drfi 243 SAN JOSE CA 95133 D See attached sheetfor additional plaintiffs and defendants [ Date of Hearing: 03H 1/2020 1pm D15] Hearing Officer: Hon. Commissioner Christine Copeland [ NOTICE OF ENTRY 0F JUDGMENT] _ Judgmenpwas entered as checked below on: 03/1 1/2020 Defendant (name. if more thanone): Quach Tam ONLY s'hall pay plaintiff (name, if more than one): Carolyn Cherry $1,199.00 Principal + $30.00 Costs = $1,229.00 Total Judgment 0n The PlalntIst Clalrn. Defendant does not owe plaintiff any money on plaintiff’s claim. Plaintiff (name, if more than one): shall pay defendant (name, Ifmore than one): $ principal and:$ costs on defendant‘s claim. mo DD 4 D Plaintiff does not owe defendant any money on defendant's claim 5 U Possession of the following properly is awarded to plaintiff (describe propen'y): 6 D 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. lf any payment is missed, the entire balance may become due Immediately.QMlsmissed In Court muri-Prejudlce HAS To Angelic Le ONLY 8. Anomey-Cfient Fee Dispute (Attachment to Notice ofEntry ofJudgmen!) (form 80-132) ls attached. @D Other (specify): [Judgmentl Decision l Issued I 0n I Matter Taken Under Submisslon I See Attached ].10. This judgment msults 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 ls not paid ent creditor may apply to have thejudgment debtor's dn‘vefs license suspended. 11. Enforcement of the judgment Is automatically postponed for 30 da r. if an appeal Is filed. until the appeal Is decided 12 D Thls notice was personally delivered to (Insert name and da )2 “‘1 Written Notice To All Parties Via PI"® CLERK'S CERUFICATE 0F MAILING-I certify that I am not a arty to this action. This Notice of o Judgment was mailed first class. postage prepaid, in a sealed envelope to the n above. The mailing and this certification occurred at-the place and on the date shown below. Place of aili : San Jose.CaIifomla® Date fmailln : 04I27/2020 -- 3 Clerk. by - Depmy ‘ Kathy Davidson _-:.-. z _.. p -; ”5r; '5. F? 2. E: ll lffi ‘h a 511‘ g § If .55; a a -~ ‘ F R ,1; “'1 “ _ ‘ gfm’ E E. d . s anfidoyledfwflélaesm MandaiwyUSB NOTICE OF ENTRY 0F JUDGMENT I Cododavilmdum §116.610 l 1mm ammd a! O m/wwflnfiawgov sc-1aomavJuty1.2mu] (Small Claims) ’3 ‘\ r/ \\/‘ ’7. .‘P - Tr 3 xi ‘3'§1::3.§}5“1fi:4~: ‘3 . d'- “‘ a.?.ims 31¢; '_'-~.-.'E SMALL CLAMS JUDGMENT Case Name: Carolyn Cherry v. Quach Tam Case Number: 2030082326 5), ‘ . Date of hearing: 3/1 1/20 ‘7 0 The claim was filed timely, venue is proper, and Defendant was properly served. Angelic Le (incorrectly named Angelic Tam) is not a proper paxty and is dismissed with prejudice. Plaintifi' had one witness testify, and Defendant had tw0. The parties live at the same senior citizens residential complex. Plaintifi purchasad a diamond cluster ring in 1987 for $1 199.00. She had sufficient p‘roof‘of the purchase price. Plaintifi' lost the ring in February, 2019. She posted'a lost ring flyer in the complex laundry room. Thereafier, she and her witness (the witness also resides at the same complex) saw Defendant wearing the lost ring on his pinkie finger at least three times. Plaintifi also saw another man who was coming to and leaving fiom Defendant’s unit Wearingslaintifi’s lost ring. Defenda-nf denies the allegations. Afler Plaintiff posted a note on Defendant‘s door saying she Will not involve the police ifhe just returns her ring, Defendant called the police. The police wane unable to resolve the situation. At thé hearing, Defendant pointed out a flat, wide gold band worn 0n his wedding ring finger. One of his witnesses testified she bought it for him about three or four years ago. Defendant had pictures showing him wearing this same flat, wide gold band on'his wedding ring finger in the past. The Court finds Plaintifi' and her witness t0 be credible regarding Defendant wearing Plaintiff's lost diamond cluster ring several times shortly afier Plaintiff lost her ring. It is not the gold band that Defendant wears on his wedding ring finger. Due to the particular style and size of the diamond cluster ring, it would be easy to notice on anyone’s finger if they are in close enough proximity, and it would be easily distinguishable from the flat wide gold band on Defendant’s wedding ring finger. Defendargt owes Plaintiff the amount shown below. ‘ Plaintifi' Defendant Demahd $1 129.00 $ Costs $ 3000+ 0.00 $ Total 3. $ 1229.00 . $ IT IS SO ORDERED ‘ Dated: ‘ 3/1 1/20 g COMSSIONER CHRISTINE COPELAND xx d I SC-‘I30 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small clarms case has been decided. The judgment 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 thejudgment creditor. The person (or business) who lost the wse and who owes the money is walled thejudgment debtor. Enforcement of thejudgrnent ls postponed until the time for appeal ends or until the appeal ls decided. This means that the judgment creditor cannot cclIeci any money or take any actlcn until lhis pen'od'ls over. Generally. both parties may be represented by lawyers afier iudgmeni. IF YOU LOST THE CASE . . . 1. If you lost the muse on your own clalrn and the court did not award you any money. me court‘s dedsion on your claim rs FINAL. You may not appeal your own dalm. 2. If you lost the mse and the court ordered you to pay money, your money and property may he taken to pay the claim unless you do one oflhe following things: a. PAY THE JUDGMENT The law requires you to pay the amount of the judgment. You may pay the Iudgment ueditor directly. or pay the judgment to the court for an additional fee. You may also ask the court to order monthly paymenB you can afford. Ask the dark for information about these procedures. b. APPEAL If you disagree with the court's dedsion. yuu may appeal the dedslon on the other party’s claim. You may no! appeal the decision on your own claim. However. if any party appeals. there MI! be a new m‘al on a1! the claims. If you appeared at the trial. you must begin your appeal by filing a fonn called a Notice of Appea! (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 supen'or court. You will have a new trial and you must present your evidence again. You may he represented by a lawyer. c. VACATE 0R CANCEL THE JUDGMENT If you 01d not go to the Mal. you may ask the court to vacate or wncel ma judgmenL To make this request. you must file a Motion to Vamte the 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 1O days fmm the date me notice of denial was malled to file an appeal. The period to file the Malian (o Vacate the 'Judgmen! ls 150 days If you were no! properly served wilh the dalm. The 18May period begins on the dale you found out or should have found out about the Judgment against you. 1F YOU WON THE CASE . .. 1. If you were sued by the other party and you won the wse. then me other party may not appeal the court‘s decision. 2. If you won the muse and the court awarded you money. here are some steps you may lake to collect your money or get possession of your property: a. COLLECTING FEES AND INTEREST Scmeflmes fees are charged for fillng court papers or for serving the Iudgment debtor. These extra costs wn become part of your Original Judgment. To claim these fees. ask the clerk for a Memorandum of Costs. b. VOLUNTARY PAYMENT Ask thejudgment debtor to pay the money. [f your dalm was for possession of property. ask the judgment debtor to reium the propertyjo 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 mfled the Judgmenf Debtor's Statement ofAssets (form 50133) This form will ten you what propedy the judgment debtor has that may be available lo pay your claim. If the judgment debtor Mllfuify fails to send you me completed form. you may file an Application and Order (a Produce Statement ofAmfs and (a Appear for Examination (form 80-134) and ask the court 10 give you your attomay’s fees and expenses and other appropriate relief. afler proper notice. under Code 0f Civil Procedure-secfion 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 Applfcation and Order {or Appearance and Examination (Enforcement a! Judgment) (form EJ-125) and pay the required fee. There is a fee if a law officer serves the order on [he judgment debtor; You may also obtain the ]udgment debtors financial records. Ask the dark for the Small Claims Subpoena end Declaration (form 80-107) or Civil Subpoena Dunes Tecum (form SUBP-OOZ}. . WRIT 0F EXECUTION After you find out about the judgment debtor's property. you may ask the court for a Wn‘t of Execution (form EJ-130) and pay the required fee. A writ of execution ls a court paper that tells a law officer lo lake property of the judgment debtor to pay your claim. Here are some examples of the kinds Qf property the officer may be able to take: wages, hank account automobile, business property, or rental Income For some klnds of property. you may need to file other forms. Sea the law officer for information ABSTRACT OF JUDGMENT The judgment debtor may own land or a home 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 wn get a lien by firing an Abstrad of Judgment (form EJ-001) wiIh the county recorder [n the county where the property ls ldmted. The recorder will charge a fee for lha Abstrad ofJudgmenf. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full. you must fill out Ihe form below and mail it to the court immediately or you will be fined. lf an Abstract of Judgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS NO; 1986081 821 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | am theD judgment credltnr D assignee of record. I agree that thejudgment In ths action has been paid in full or otherwise safisfied. Date: (TYPE OR PRINT NAME) p (stemming) some [Rev4mm Hones 0F ENTRY 0F JUDGMENT W3 °§ (Small Claims) BORTON PETRINI, LLP 95 South Market Street, Suite 400 San Jose, CA 95113 $0.509 us POSTAGE FIRST-CLAss FROM 95113 AUG 03 2020 stam .s. en lola DEPUTY llI.IIII.I.I“III.Ill.“II|I.IIIIIIII.IIII...IIH||I|I|.|I]1[n.. Superior Court 0f California Attn: Small Claims Appeals mammm the Court REQEEVEB AUG 0 6 2020 County 0f Santa Clara ”5: 191 North First St. Ste A fig San Jose CA95113-1006 5g § BY E255, ismtzaa 2:23-55 ""1"*i*1I'iiiihnflslizilriilriii“wnlfllnvmlfl'iw"I 53%. 10606950008890