Dismissal Entire ActionCal. Super. - 6th Dist.May 21, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SC-130 SMALL CLAIMS CASE NO.: 20$C083430 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 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, [e pueden qultar su salario, su dlnero, y otras cosas de su propiedad. sin aviso adicional por pane de esta corte. Lea el reverse de esteimportant information about your rights. _ . H _ _ fonnulano para obtener Infonnacmn de ImportanCIa acerca de sus derechos. DEFENDANTJDEMANDADO' (Name, sb‘ee! address, and {efephone number ofeach): MIGUEL ANGEL ORTIZ RODRIGUEZ 1085 OWSLEY AVE APT C SAN JOSE CA 95122 PLAINTIFFfDEMANDANTE (Name. skeet address. and telephone number of each): OPORTUN [NC 2 CIRCLE STAR WAY SAN CARLOS CA 94070 Telephone No: Telephone No4: TeIephone No, Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: September 03, 2020 NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 09/03/2020 1. D Defendant (name, ifmore than one): MIGUEL ANGEL ORTIZ RODRIGUEZ shall pay plaintiff (name, if more than one): OPORTUN INC. principal and: $ costs on plaintiff‘s claim. Hearing officer: Christine Copeland 2. D Defendant does not owe plaintiff any money on plaintiff's claim. 3. D Plaintiff (name, ifmore than one): OPORTUN INC. shall pay defendant (name, ifmore than one):M|GUEL ANGEL ORTIZ RODRIGUEZ $ principal and:$ 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 to plaintiff (descn‘be 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 thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. 7. E Dismissed in court E with prejudice-No Appearance. D without prejudice 8. D Attorney-Client Fee Dispute (Attachment t0 Notice of Entry of Judgment) (form 80-132) is attached. 9. D Other (specify): . 10. D This judgment resutts from a motor vehicte accident 0n a California highway and was caused by the judgment debtor's operation of a motor vehicle. If the judgment is not have the judgment debtor‘s dn'ver's license suspended. 11. Enforcement ofthe judgment is automatically postponed for 30 days 0r, 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-I certify that | am not a party to this action. This Notice of Entry of Judgmenrwas 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: 0910312020 wClerk. by S‘hafitel Hernandez paid, thejudgment creditormay applyto . Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Alternative Mandatory Use Judidal Council of Califomia SC-‘I 30 [Rev July 1. 201 0] NOTICE OF ENTRY 0F JUDGMENT (Small Claims) Code of Civil Procedures 5116.610 www/couninfo.ca.gov I SC-130 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 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 the judgment 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 0r 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. 1f you lost the case 0n 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. 1f you lost the case and the court ordered you to pay money. your money and property may be taken to pay the craim unless you do one of the following things: a. PAY THE JUDGMENT The law requires you lo 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 parfy’s claim. You may not appeal the decision on your own claim. However, if any party appeais. 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 Judgmenrwas 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 triat, you may ask the court to vacate or cancel the judgment. To make this request. you must file a Motion to Vacate 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 10 days from the date the notice of denial was mailed to file an appeal. The period to file the Motion to Vacate (he Judgment is 180 days if you were not properiy 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 . .. If you were sued by the other party and you won the case, then the other pany 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 part of your on’ginal judgment. To claim these fees. ask the clerk for a Memorandum of Costs. Ask the judgment debtor to pay the money. If your claim was for possession 0f 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 the judgment debtor does not pay the money. the law requires the debtor to fill out a form called the Judgment Debtor’s Statement ofAssets (form SC-1 33). This form will tell you what property the judgment debtor has that may be available to pay your claim. [f the judgment debtor willfully fails to send you the completed form. you may file an Application and Order to Produce Statement of Assets and to Appear for Examination (form 80134) and ask the court to give you your atlomey's fees and expenses and other appropriate relief. after proper notice. under Code of Civil Procedure section 708.1 70. ORDER 0F EXAMINATION You may also make the debtor come to court to answer questions about income and propeny. To do 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 Declaration {form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT OF 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 writ of execution is a court paper that tells a law officer to take property 0f 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 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 sotd. You can get a lien by filing an Abstract of Judgment (form EJ-001) with the county recorder in the county where the propefiy 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 of Judgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS NO‘: 2080083430 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do no! use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: lam the D judgment creditor D assignee of record. [agree that lhejudgment in this action has been paid in full or otherwise satisfied. Date: p(TYPE 0R PRINT NAME) (SIGNATURE) 30130 [“8va 1-2010] NOTICE 0F ENTRY 0F JUDGMENT ”992°” (Small Claims)