Dismissal Entire ActionCal. Super. - 6th Dist.February 18, 2020Name and Address ofCouri SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, Califomia 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 20$C083385 NOTICE T0 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 infon'nation about your rights. AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales menores. Si fa 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 eI reverso de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name, street address. and telephone number of each}: Maria Castrejon 1905 Poco Way Apt 2 SAN JOSE CA 951 16 Teleph one No: Telephone No, D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO‘ (Name. street address, and telephone number 0f each): Jose Luis Godinez 2245 Lanai Avenue Apt 73 SAN JOSE CA 95122 Telephone No; Home: 408-31 0-6993 Telephone No. Date of Hearing: October 26, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 10/26/2020 1. 999 EDD A@@w DUDE D Defendant (name, if more [han one): Jose Luis Godinez shalt pay plaintiff (name, if more than one): Maria Castrejon principal and: $ costs on plaintiff's Claim. Defendant does not owe plaintiff any money on plaintiff‘s claim. Plaintiff (name, if more than one): Maria Castrejon shall pay defendant (name, if more than one):Jose Luis Godinez $ principal and:$ 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 0f: $ per (specify period): beginning on (date. and on the (specify day): day 0f each month thereafter until paid in fuII. lf any payment is missed, the entire balance may become due immediately. Dismissed in court D with prejudice. E without prejudice Attorney-Clien! Fee Dispute (Attachment to Notice of Entry of Judgment) (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 debtor's operation of a motor vehicle. If the judgment is not paid, the judgment creditor may apply to have the judgment debtor’s driver's license suspended. D D . Enforcement 0fthe judgment is automatically postponed for 30 days 0r. if an appeal is filed, until the appeal is decided. . D This notice was personaliy delivered to (insert name and date): . CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party t0 this action. This Notice of Entry ofJudgment was mailed first class, postage prepaid. in a sealed envelope to the parties at the addresses shown above. The mailing and this certification occurred at the place and on the date shown below. Sh‘a'ntel Hernandez Place of mailing: San Jose, California Date 0f mailing: 11/03/2020 Clerk. by . Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. I Form Adopted for Altemafive Mandalory Use Judicial Council of Calllomia SC-130 [Rev July 1‘ 2010] NOTICE OF ENTRY 0F JUDGMENT (Small Claims) Code of Civfl Procedures §116.610 www/ca urflnfo. ca/gov SC-1 30 INFORMATION AFTER JUDGMENT I 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 thejudgment creditor‘ The person (or business) who lost the case and who owes the money is called thejudgment debtor. ' Enforcement 0f thejudgrnent [s postponed until the time for appeat ends 0r until the appeal is decided. This means that thejudgment creditor cannot collect any money or take any action until this period is over. Generally. both panies may be represented by lawyers after judgment. IF YOU LOST THE CASE . . ‘ b. VOLUNTARY PAYMENT 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 collect your money or get possession of your preperty: 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 claim these fees, ask the clerk for a Memorandum of Costs. 1. If you lost the case on your own claim and the court did not Ask the judgment debtor to pay the money. If your claim was award you any money. the court's decision on your claim is for possession of property. ask thejudgment debtor to return FINAL. You may not appeal your own claim. the property to you. THE COURT WILL NOT COLLECT THE 2. If you lost the case and the court ordered you to pay money, MONEY OR ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay the claim unless you do one of [he following things: c. STATEMENT 0F ASSETS a. PAY THE JUDGMENT If the judgment debtor does not pay the money. the law The law requires you to pay the amount of the judgment. requires the debtor to fill out a form called the Judgment You may pay the judgment creditor directly. or pay the Debtor's Statement ofAsse!s (form SC-1 33). This form will tell judgment to the court for an additional fee. You may aIso you Wnat property the judgment debtor has that may be ask the court‘to order monthly payments you can afford. available to pay your claim. lf the judgment debtor willfulty Ask the clerk for information about these procedures. fails to send you the completed form. you may file an b. APPEAL Apph‘cation and Order to Produce Statement of Assets and r0 If you disagree with the court's decision, you may appeal the Appear for Examination (form 80-134) and ask the court to decision on me other party's claim. You may not appeal the give you your attorney's fees and expenses and other decision 0n your own claim. However, if any party appeals. appropriate relief. after proper notice. under Code of Civil there will be a new trial 0n all the claims. If you appeared at Procedure section 708.170. the trial. you must begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees ORDER 0F EXAMINATION within 30 days after the date this Notfce of Entry of You may also make the debtor come to court to answer Judgment was mailed or handed to you. Your appeal will be questions about income and property. To do this. ask the I’n the superior court. You will have a new trial and you must clerk for an Application and Order for Appearance and present your evidence again. You may be represented by a Examination (Enforcement of Judgment) (form EJ-125) and lawyer. pay the required fee. There Is a fee if a law officer serves the c. VACATE 0R CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the lf you did not go to the trial, you may ask the court to vacate judgment debtors financial records, Ask the clerk for the Small or cancel the judgment. To make this request. you must file Claims Subpoena and Declaration (form 80-107) or Civil a Motion f0 Vacate the Judgment(forrn SC-1 35) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days afler the date this Notice of Entry ofJudgmen! was mailed. If your request is denied. you then . WRIT OF EXECUTION have 10 days from the date me notice of denia1 was maited After you find out about the judgment debtor‘s property. you to file an appeal. The period to file the Motion r0 Vacate (he may ask the court for a Writ of Execution (form EJ-1 30) and Judgment is 180 days if you were not properly served with pay the required fee. A writ of execution is a court paper that the claim. The 180-day pen'od begins on the date you found tells a law officer to take property of the judgment debtor to out or should have found out about the judgment against pay your claim. Here are some examples of the kinds of you. property the officer may be able to take: wages, bank account, automobile, business property, or rental income. IF YOU WON THE CASE ' ' ' For some kinds of property, you may need to file other forms. 1. If you were sued by the other party and you won the case. then See the law Officer for information ABSTRACT OF JUDGMENT The judgment debtor may own land 0r 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-OU1) with the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract of Judgment. 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 t0 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; 2030083385 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract 0f Judgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee 0f record. | agree that the judgment In this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) p (SIGNATURE) 50-1 30 [Rev July ‘I, 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 on (Small Claims)
