Dismissal Entire Action

Cal. Super. - 6th Dist.May 28, 2020

n‘r name and Address n1 mun MPERIOR COURT 0F CALIFORNIA COUNTYOFSANIACLARA 191 Norm First Street SanJosé.Canmnfia 95113 SC-1 30 SMALL CLAIMS CASE No.2 2050083441 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been declded. If you lost the case, and the court ordered you to pay money, your wages, money. and property may he taken without further warning from the court. Read the back of this sheet for Important Information about your rights. AVISO A TODOS L05 DEMANDANTES YDEMANDADOS: Su caso ha sido resuello por la corte para reclamos judlclales menores. Si la corte ha decldldo en su contra y ha ordenado qua usled pague dlnero. Ie pueden qultar su salario. su dinero. y otras cosas de su propiedad, sln avlso adiclonal por pane de esta corte. Lea el reverse de este formulario para obtener infomacién de lmportancla acerca de sus derechos. Pwmlmammnmre (Name. meraddrm, andrazapnone number cream): Mary Ellen Kanworthey 500 Uccelll Drive #5303 DEFBiDANTIDEMANDADO‘ {Nama sweet adamss. and telepmne Minbuof each): blanda Journeys LLC ‘500 Cathedral dr. #2377 Aptos, CA 95001 Nicola Balmain Redwood City CA 94063 TeTephom No: Telephme No‘: Willlam Kenworthey 500 Uccelll Drive #5303 Redwood Clty CA 94063 Telephone No. Telephone NU~ D See attached sheet for additional plaintiffs and defendants Date of Hearing: August 12, 2020 Hearing officer Chnsune Copeland. ' NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 08/12/2020 m m 1. D Defendant (name. ifmore than one): Nanda Journeys. LLC & &%_shall pay plaIntiff (name, lfmore than one): Mary Ellen Kenworlhey: Wiillam Kenworthey kw 0.3%$ principal and: $ costs on plaintiff's claim. MOMMJ;$ principal and.$ costs on defendant's claim. 33% Plaintiff does not owe defendant any money on defendant's ctalm Possession of the following property i9 awarded to plaintiff (descn’be property): Dismissed in coun D with prejudice. E without prejudibe no appearance by plaintiff Attorney-Crient Fee Dispute (Attachment to Notice ofEnt/y ofJudgment) (form 80-1 32) is attached. Other (specify). 11. Enforcement of the judgment Is automaticalty postponed for 30 days 0r If an appeal is filed. until the appeal is decided. 12. D This notice was personally delivered to finsert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify [hat l am not a party to this action. This Notice of Envy ofJudgmenf was 2. U Defendant does not owe plaintiff any money on prainfiff's claim. 3. D Plaintiff (name lfmore than one): Mary Ellen Kenworthey; William Kenworthey Payments are lo be made at the rate of: $ per (specify period): beginnlng on (data. and on the {specify day): day of each month thereafier until pald In full. If any payment is missed. the entire This Judgment results from a motor vehicle accident on a California highway and was caused by the iudgrnent debtofs operation of a motor vehicle. If lhe judgment is not paid the judgment creditor may apply to mailed first class. postage prepaid. in a sealed envelope lo the parties at the addresses shown aboye. The maillng and this certification occurred at the place and on the date shown below. 999 BUD A993 DUDE shall pay defendant (name if more than one):Nanda Journeys. LLC balance may become due immediately. have the judgment debtor's driver's license suspended. Place of mailing: San Jose, Callfomla Date ofmailing: b v \© , q/\ The county provides small claims advisor services free of charge; Read the Informatlén sheet on the reverse. j Sta-cie Marsha! ‘ I ,A jggggflgmwm"WWI” NOTICE 0F ENTRY 0F JUDGMENT wwwmfifllfié‘i swag mom», 1. zoml (Small Claims) :33 SC-‘I 30 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Yoursmall claims case has bean decided. me judgment or decision of the court appears on the front of this sheet. The court may have ordered one party lo pay money io the other party. The person (or business) who won the mse and who mn collect lhe money is mlled thejudgment creditor. The person (or business) who lost the case and who owes the money is called theludgment debtor. Enforcement of the judgment is pcstponed unul the time for appeal ends or unlll the appeal Is decided. This means that the judgment creditor cannot collect any money or lake any action until this pan‘od Is over. Generally. both parties may be represented by lawyers after judgment. b. VOLUNTARY PAYMENT Ask the judgment debtor lo pay the money. If your claim was for possession o! property. ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU. IF YOU LOST THE CASE . .. 1. If you Iosl the case on your own clalm and the court dld not award you any money. the court's decision on your cTalm ls FINAL. You may not appeal your own claim. 2. If you lost the mse 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 foilowing things: a STATEMENT OF ASSETS PAY THEJUDGMENT The law requIres you to pay me amount of lhe Judgment. You may pay the Judgment creditor directly. or pay the ludgmem to the court for an additional fee. You may also ask lhe court to order monthly payments you can afford. Ask the clerk for Information about these procedures. . APPEAL If you disagree with Lhe court's decision. you may appeal lhe decision on the other party's claim. You may nol appeal the decision on your own dairn. However. if any party appeals. there M11 be a new trial on ail the claims. If you appeared at the trial. you must begfn your appeal by filing a form called a Notice of Appeal (form 50-140) and pay lhe required fees within 30 days after lhe date this Notice o! Entry of Judgmentwas mailed or handed to you. Your appeal will be In Um superior court. You will have a new lrlal and you must present your evidence again. You may be represented by a Iawyer. VACATE 0R CANCEL THE JUDGMENT If you did not go to me trial, you may ask the court to vawte or ancei the judgmenL To make this :equest. you musi file a Motion to Vacate the Judgment (form 80-135) and pay the required fee within 30 days after Lha dale [his Notice o! Entry of Judgment was malled. 1! your request Is denled. you then have 10 days from the dale the notice of danlal was mailed to file an appeal. The period to file the Motion Io Vacate the Judgment Is 180 days lf you were nor properly served with [he dalm. The 1BD-day period begins on [he date you found oul or shourd have found out about the Judgment against you. IF YOU WON THE CASE . .. 1. If you were sued by me other pany and you won the use. then the other party may not appeal the court's declston. 2. If you won the mse and the court awarded you money. here are some steps you may take to collect your money or get possession of your properly: a. COLLECTING FEES AND INTEREST Sometimes fees are charged for fillng court papers or for serving the Judgment debtor. These extra costs can become part of your origlnal judgment. To claIm these fees. ask the clerk for a Memorandum of Costs. If lhe judgment debtor does not pay the money. the law requires lhe debtor to fill out a form called the Judgment Debtor’s Sralemem ofAssets (form SC-1 33). This form will tell you what property the judgment debtor has that may be avallable to pay your claim. If 1113 Judgment debtor wfllfully fails to send you the comptated form. you may file an Application and Order (o Produce Statement ofAssets and to Appear for Examination (form 80-134) and ask lh‘e court lo give you your attomey’s fees and expenses and other appropriate relief. afler proper nolice. under Code of Clle Procedure secljon 708.170. _ ORDER OF EXAMINATION You may also make the debtor come to mun to answer questions about income and property. To do this. ask lhe clerk for an Application and Order {or Appearance and Examination (Enforcement of Judgment) (form EJ-125) and pay the required lee. There is a fee if a law officer serves the order on me judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Small Claims Subpoena and Declarafion (form 80-107) or Clvll Subpoena Duces Tecum (iorm 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 writ of execution is a court paper that tells a law officer to take property of lhe Judgment debtor lo pay your daIm. Hera are some examples of the kinds of property the officer may be able to take: wages, bank account. automoblra, business progeny, or rental Income. For some kinds of property. you may need to file other forms. Sea the law officer for information. ABSTRACT OF JUDGMENT The judgment debtor may own land or a house or other buiIdIngs. You may want to put a lien on the property so that you wlll be pald If the property is 501d. You mn get a Ilen by fillng an Abstract of Judgment (form EJ-Oo1) with the county recorder In the county Where the property ls Iowted. Th9 racorderwill charge a fee for the Abstract oNudgment. 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 to the court Immediately or you will be fined. II an Abstract of Judgment has been recorded. you must use another form; see the clerk for the proper fonn. SMALL CLAIMS N0; 208C083441 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this farm If an Abstract ofJudgment has been recorded.) To the Clerk of the Court: lam the D judgment creditor D assignea of record. I agree that thejudgrnent In thls action has been paId In lull or otherwise satisfied. Date: (TYPE ORPRLNTNALE) L (SIGNATURE) 50-130 [Rev .Idy 1. 2010] NOTICE 0F ENTRY OF JUDGMENT Page: o! 3 (Small Claims) l- 'I sc-1ao [Remy 1. 2m] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) 50-130 ?dgfifioFa Page 3013