Dismissal Entire Action

Cal. Super. - 6th Dist.May 20, 2020

4‘ '1" i Name and Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San Jose'. California 951 13 SC-130 SMALL CLAIMS CASE NO.: 208C083413 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 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, [e 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. D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO' (Name. sneer address, and telephone number o! each): SANTIAGO JIMENEZ GONZALEZ 7530 ROGERS LN APT 3 GILROY CA 95020 PLAINTIFFIDEMANDANTE (Name. sweet address, and relephone number of each): OPORTUN INC 2 CIRCKE STAR WAY SAN CARLOS CA 94070 Telephone No: Telephone No.2 Telep hone No. Tel ephone No, Date of Hearing: August 06, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 08/06/2020 1. D Defendant (name, if more than one): SANTIAGO JIMENEZ GONZALEZ shall pay plaintiff (name, ifmore than one): OPORTUN INC. principal and: $ costs on plaintiff‘s claim. 2. D Defendant does not owe plaintiff any money on plaintiff’s cIaim. 3. D Plaintiff (name, ifmore than one): OPORTUN INC. shall pay defendant (name, ifmore than one):SANTIAGO JIMENEZ GONZALEZ $ principal and:$ costs on defendant’s claim. 4. D Plaintiff does not owe defendant any money 0n defendant's claim 5. E Possession 0f the following property is awarded to plaintiff (describe property): 6. D Payments are to be made at the rate of: $ per (specify period): beginning on (date. and on the (specify day): day of each month thereafier until paid in full. If any payment is missed. the entire balance may become due immediately. 7. E Dismissed in court D with prejudice. E without prejudice for plaintiffs failure to appear 8. D Attorney-Cfient Fee Dispute (Attachment (o Notice ofEntry of Judgment) (form 80-132) is attached. 9. D Other (specify): 10. D This judgment results from a motor vehicle accident 0n 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. 11. Enforcement ofthe judgment'Is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. 13. D This notice was personaily delivered to (insert name and date): CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party t0 this action. This Notice of Enrly of Judgment 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, California Date of mailing: 08l10/2020 Stacie Marshall The county provides small claims adviser services free of charge. Re¥d the information sheet on the reverse. Form Adopted for Alternative Mandaiory Use Judicial Council of California SC-1 30 [Rev July ‘I, 2010] Code ofO‘vul Procedures §116.810 wwMoominf0. cs. go vNOTICE 0F ENTRY 0F JUDGMENT (Small Claims) ‘x SC-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 coun 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 of thejudgment is postponed until the time for appeal ends or until the appeal I's decided. This means that lhejudgment creditor cannot collect any money or take any action until this pen'od 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 on your claim is FINAL You may not appeal your own claim. 2. If you lost the case and the court ordered you to pay money, your money and property may be taken t0 pay the claim 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 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 lf you disagree with the court's decision. you may appeal the decision on the other pan‘y's cfaim. 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 the trial. you must begin your appeal by filing a form 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 mailed 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 If you did not go to the triaI. you may ask the court to vacate or cancel the judgment. To make this request. you must file a Motion to Vacate the Judgment(forrn SC-1 35) and pay the required fee within 30 days after the dale this Notice of Enay of Judgment was mailed. lf your request is denied. you then have 10 days from the date the notice of denial was maited to file an appeal. The period to file me Motion to Vacate me Judgment is 180 days if you were nor 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. If 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 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 pan of your original judgment. To claim 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 OF ASSETS If thejudgment debtor does not pay the money, the law requires the debtor t0 fill out a form called the Judgment Debtor's Statement ofAssefs (form 80-133). This form will tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor willfuliy fails t0 send you the completed form. you may fiie an Application and Order to Produce Statement 0f Assets and to Appear for Examination (form 80-134) and ask the court to give you your anomey's fees and expenses and other appropriate relief. after proper notice. under Code of Civil Procedure section 708.170. ORDER 0F EXAMINATION You may also make the debtor come to 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-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 Dedaration (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 (form EJ-130) and pay the required fee. A \M'it of execution is a court paper that tells a law officer to take property of the judgment debtor to pay your craim. Here are some examples of the kinds 0f 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 Jaw 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 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 1n 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 full, you must fill out the form below and mail it to the court immediately or you will be fined. If an Abstract 0f Judgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS No.1 2080083413 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee 0f record. I agree that thejudgment in this action has been paid in full oromerwise satisfied. Date: (TYPE 0R PRINT NAME) h (SIGNATURE) 30-130ER‘WJU'Y 1' 201°] NOTICE 0F ENTRY 0F JUDGMENT P39” °‘3 (Small Claims) SC-1 30 80-130 [Rev July 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) Paga3oi3