Dismissal Entire ActionCal. Super. - 6th Dist.March 11, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San Jose', California 95113 SC-1 30 SMALL CLAIMS CASE NO.: 20$C083401 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 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 adicional por parte de esta corte. Lea el reverso de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name, streeraddress, and terephone number of each): Khoi Phan 938 Rincon Circle SAN JOSE, CA 95131 Telepho n9 No: Telephone No. D See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO' (Name, street address, and te!ephon9 number of each): Tony Chen 197 Mazey Street MILPITAS, CA 95035 Tefiep hone No.: Dan Li 43225 Mission Blvd FREMONT, CA 94539 Telephone No. Date 0f Hearing: December 07, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 12/07/2020 1. D Defendant (name, ifmore than one): shall pay plaintiff (name, if more than one): principal and: $ costs on plaintiff's claim. 2. U Defendant does not owe pfaintiff any money on plaintiff‘s claim. 3. D Plaintiff (name, if more than one): shall pay defendant (name, ifmore than one): $ principal andz$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant‘s claim 5. D Possession of the following property is awarded t0 plaintiff {describe property): 6. D Payments are to be made at the rate 0f: $ per (specify period): beginning on (date. 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. Other (specify): Dismissed in court D with prejudice. E without prejudice Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-1 32) is attached. BEIGE debtor's operation ofa motor vehicle. If the This judgment resuits from a motor vehicle accident Ion a California highway and was caused by the judgment judgment is not paid, thejudgment creditor may applyto have the judgment debtor's driver's license 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 personatly delivered to (insert name and dare): 13. CLERK'S CERTIFICATE OF MAILING-vl certify that | am not a party to 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. Place of mailing: San Jose, Califomia Date of mailing: 07/13/2021 Clerk, by (Mfl , Deputy Maggie Castellon The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted forAlternative Mandatory Use NOTICE 0F ENTRY 0F JUDGMENT Code of Civil Procedures §1 16.610 Judicial Council of California sc-130[RevJuIy1.2o101 (Small Claims) www/courrr‘nfocagov 80-130 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. Thejudgment or decision 0f 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 thejudgment is postponed until the time for appeal ends or 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 parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE . . . b‘ VOLUNTARY PAYMENT 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 ciaim. 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 [aw 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 on the other party's claim. You may not appeal the decision on your own claim. However. if any party appears. there will be a new trial on aH the claims. If you appeared at the trial‘ you must begin your appeal by filing a form called a Notice o! Appeaf (form SC-1 40) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was mailed or handed lo you. Your appeal will be 1n 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 go to the trial, you may ask the court to vacate or cancel the judgment. To make this request, you must file a Motion to Vacate (he Judgment (form 80-135) and pay the required fee within 30 days after the date this Notice of Enby 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 pen‘od to file the Motion to Vacate the Judgment is 180 days if you were not 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. 2. If you were sued by the other party and you won the case. then the other patty may not appeal the court’s decision. If you won me 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 sewing the judgment debtor. These extra costs can become part of your original judgment. To c1aim these fees. ask the clerk for a Memorandum of Costs. Ask the judgment debtor to pay the money. If your claim was for possession of property. ask the judgment debtor to relum the property to you. THE COURT WILL NOT COLLECT THE MONEY 0R 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 called me 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. Jf 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 80-1 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 708.170‘ ORDER OF EXAMINATION You may 3150 make the debtor come to court to answer questions about income and property. To do this. ask the c1erk for an Application and Order for Appearance and Examination (Enforcement of Judgment) (form EJ-125) and pay the required fee. There ls 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 0F EXECUTION After you find out about the judgment debtor's property. you may ask the court for a Writ of Execution (ferm EJ-130) 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 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 infonnation. 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 Es 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 of Judgment. 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 the proper form. SMALL CLAIMS N0.: ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do no! use this form ifan Abstract of Judgment has been recorded.) 2080083401 To the Clerk of the Court: I am the D judgment creditor D assignee of record. lagree that the judgment In this action has been paid in full or otherwise satisfied. Date: L [TYPE OR PRINT NAME) (SIGNATURE) $0.130 [Rev July 1. 2010] Page 2 or 2NOTICE OF ENTRY OF JUDGMENT (Small Claims)
