Dismissal Entire ActionCal. Super. - 6th Dist.February 25, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San Jose', California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 205C083384 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 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 informacic'm de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, and telephone number of each): Khoi Phan 938 Rincon Circle SAN JOSE, CA 95131 Telephone No: Telephone No. U See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO‘ (Name, sreet address, and telephone number of each): Tony Chen dba Successful Construction, Inc. 197 Mazey Street MILPITAS, CA 95035 Teleph one No: Teleph one No. Date 0f Hearing: February 02, 2021 Hearing officer: Chn'stine Copeland NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 02/02/2021 1. D Defendant (name, ifmore than one): shall pay plaintiff (name, if more than one): $ principal and: $ costs on plaintiff's c1aim. 2. D Defendant does not owe plaintiff any money 0n plaintiff‘s claim. 3. D Plaintiff (name, if more than one): shall pay defendant (name, if more than one): $ principal andz$ costs on defendant's cfaim. 991+ DEID Payments are to be made at the rate of: $ Plaintiff does not owe defendant any money on defendant's claim Possession of the following property is awarded to plaintiff (describe properfy): per (specify period): beginning on (dare. and on the (sped)? day): day of each month thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. Other (specify): Dismissed in coun D with prejudice. E without prejudice Attorney-Cn‘ient Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. A©Wfl DUDE debtor‘s operation ofa motor vehicle. If the This judgment results from a motor vehicle accident ‘on a California highway and was caused by the judgment judgment is not paid, thejudgment creditor may applyto have the judgment debtor's driver's ticense suspended. 11. Enforcement ofthe judgment 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 OF MAILING-l certify that | am not a party to this action. This Notice of Entty ofJudgmentwas mailed first dass, postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certification occurred at the place and 0n the date shown below. Place 0f mailing: San Jose. California Date 0f mailing: 07/12/2021 Clerk. by W ‘moepuw Maggie Castellon The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Altemative Mandatory Use NOTICE 0F ENTRY 0F JUDGMENT Code of Civil Procedures §116,610 Judicial Council of California sc-130 [Rev July1, 2010] (Small Claims) www/coun'fnfo. cayov 80-130 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 t0 pay money t0 the other party. The person (or business) who won the case and who can collect the money is calied 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 until this period is over. Generally, both parties may be represented by lawyers after judgment. 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 0n 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 d0 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 t0 the coufi 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 appeals, there will be a new trial on all the claims. If you appeared at me trial, you must begin your appeal by filing a fonn 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 maiied 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 1f you did not go to the tria1. you may ask the court to vacate 0r cancel the judgment. To make this request. you must file a Motion to Vacate the Judgment (fotm 80-1 35) 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 to file an appeal. The period to fiIe the Motion to Vacate the Judgment is 180 days if you were no! 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. [f you were sued by the other party and you won the case, then the other party may not appeal the court's decision. 2. lf 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 serving the judgment debtor. These extra costs can become part of your original judgment. To daim 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 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 of Assets (form 80-1 33). 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 of Assets and Io 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 lo court to answer questions about income and property. To d0 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 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-OOZ). . WRIT OF EXECUTION After you find out about the Judgment debtor‘s propefiy. 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 to take property of the judgment debtor to pay your claim. Here are some examp1es 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 bui1dings. 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 fuil, you must fill out the form below and mail it t0 the court immediately or you will be fined. [f an Abstract 0f Judgment has been recorded. you must use another form; see the clerk for the | am the D judgment creditor D assignee of record. proper form. SMALL CLAIMS No.2 2080083384 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT {Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | agree that the judgment in this action has been paid I’n fu1| or otherwise satisfied. Date: (TYPE OR PRINT NAME) p (SIGNATURE) SC-130 [Rev JuKy 1. 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)