Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.May 27, 2020Name and Address of Court \ r r - SUPERIOR COURT 0F CALIFORNIA SC 130 COUNTY OF SANTA CLARA 191 North FirstStreet San José, California 951 13 SMALL CLAIMS CASE NO.: 2050083462 Su caso ha sido resuelto por Ia corte para reclamos judiciales menores. Si la cone ha decidido en su contra y ha ordenado que usted pague dinero. le pueden quitar su salario, su dinerp, y otras cosas de su propiedad, sin aviso adicional por parte de esta corte. Lea el reverso de este formulario para obtener infonnacién de importancia acerca de sus derechos. Your small claims case has been decided. 1f 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. PLAINTIFF/DEMANDANTE (Namastreefaddress,endlelephone numberoleach): O / DEFENDANTIDEMANDADO‘rName, streetsddress.andtelephone number ofeach):I Justin Lewis-Weber Crawford & Company Intl., lnc., Dba: Broadspire 3 - Peter Coutts Circle Attn: Maile Apau Norris, VP Claims CA STANFORD, CA 94305 clo 950 Iron Point Road, Suite #200 FOLSOM. CA 95630 Plaintiff Appears. /Maile Apau Norris Appears 0n Behalf Of The i Defendant. (ORDER 0N SUBMITTED MAWER E / D See attached sheet for additional plaintiffs and defendants [ Date Of Hearing: 1 0/08/2020 8303m D15] Hearing Officer: Hon. Commissioner Christine Copeland [ NOTICE OF ENTRY OF JUDGMENT ] Judgment was entered as checked below on: 10/132020 1. D Defendant (name, if more than one): shall pay plaintiff (name, if more than one): $ principal and: $ costs on plaintiff‘s claim. < 2,)§ The Court determines that the Defendant does NOT owe the Plaintiff any money on the Plaintiff’s Claim. . D Plaintiff (name, ifmore than one): shall pay defendant (name, if more than one): $ principal and:$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money 0n defendant's claim 5. D Possession of the foilowing 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 thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. 7. D Dismissed in court D with prejudice. D without prejudice 8. D Attorney-Client Fee Dispute (Attachment to Notice of Entry 0f Judgment) (form SC-1 32) is attached. @E/Othefispecify): See I Attached [Judgment I Decision! On I Matter I Taken Under Submission. 10. D 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. 11. Enforcement ofthe judgment is automatically postponed for 30 days or ' appeal is filed, until the appea Is 12 D This notice was personatly delivered to (insert name and dat . “[ Written Notice To Both Parties Via Mail ]"* §CLERK'S CERTIFICATE OF MAILING-l certify that | am not party to this action. This Notice of Entry of Judgment was mailed first class. postage prepaid. in a sealed envelope to t e parties at the addresses shown above. T " and this certification occ --- u . the place and on the date shown be fi‘mik @ Place o ailing: San Jose, California 4 ‘ Da -- 0f mailinv. 11/09/2020 Clerk, by , Deputy Kathy Davidson '1? r rd 4’3 f? fl; ‘4 q r}: '1 ‘1 1Q] {.91 ‘~ W ”*1 as t3 .3 :‘1 r. m’fl Form Adopted for Alternative Mandatory Use Code of Civil Procedures §1 16.610 Judicial Councilof California NOTICE 0F ENTRY OF JUDGMENT mvw/Courflnfa.ca.gov 50-130 [Rev July 1, 20101 (Small ClaIms) O O SMALL CLAIMS JUDGMENT Case Name: Lewis-Weber v. Crawford and Co. Intl. DBA Broadspire Case Number: 208C083462 Date of hearing: 10/8/20 Plaintiffpurchased trip insurance for $70.00 from April Choice Plan. The underwriter is Generali. The named Defendants are Generali’s agents and claim managers. This Court will allow Plaintiff to proceed with Defendants as named, as they were given decision-making authority over Plaintiff‘s insurance coverage claim. Plaintifl’s travel insurance was purchased t0 cover his 3/14/20 t0 3/21/20 round trip United Air flight to Hawaii. It also covered scuba boat lodging and diving for that same time period, purchased through PAD] Travel. Plaintiff paid $582.80 for airfare and $3235.00 for the scuba boat. There was insufficient evidence that the airfare was non-refundable; there was sufficient evidence that the scuba accommodation was non-refundable (any cancellations less than 9O days in advance ofthe stay were 100% non-refundable). The travel insurance policy allowed a cancellation ifthe insured could not travel due t0 “sickness 0r injury [requiring] the in-person treatment by a physician [and the condition] must be so disabling in the written opinion ofa physician as to prevent [the insured] from taking [the] trip” (at page 13; bold added for emphasis). It is noteworthy that pandemics 0r epidemics are fi‘ 9’ specifically excluded from coverage (item s on p.7). On 3/8/20, Plaintiff developed “throat and ear symptoms” as described by his doctor, or congestion as described by Plaintiff. He could not get an in-person appointment with his doctor because Sutter doctors were offering only video consultations due to Covid- I 9 concerns. However, Plaintiffdid not have a video consultation. Plaintiff’s doctor wrote a 3/12/20 note which recommended that Plaintiff “refrain from travel and scuba diving activities” until 3/24/20. N0 medication was prescribed. T0 help prepare for litigation, the doctor wrote another note dated 8/1 8/20. It clarified that the doctor diagnosed Plaintiff’s condition Via e-mail exchanges. Plaintiff did not offer any 0fthe e-mails into evidence. Defendant denied the claim because Plaintiffwas not seen in person (either physically or by video) by his doctor. That basis for denial is on a mere technicality, and not fair under the circumstances. However, what is lacking is sufficient proofthat Plaintiff had a disability preventing travel. It may have made a difference in Plaintiff’s favor here ifhe had at least shared the e-maiIS to support the doctor’s recommendation, and/or had medical testimony about why one cannot fly, stay 0n a boat, and/or scuba dive if their ears and/or throat hurt, 0r if they feel congested, about a week before the start of a trip. .ququééplaintiff failed to meet his burden 0f proof, he shall take nothing 0n his claim. Plaintiff is owed Defendant is owed Demand $ 0.00 $ Costs $ 0.00 $ Total $ 0.00 F" $ Dated: IO/l 3/20 r- g COMMISSIONER CHRISTINE COPELAND o SC-1 30 INFORMATION AFTER JUDGMENT INFORMA CION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision of the court appears on the front of this sheet. The court may have ordered one party t0 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 ofthe judgment 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 pen'od is over. Generally, both parties may be represented by 1awyers 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. b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. [f your claim was for possession 0f property, ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE 2. If you lost the case and the court ordered you t0 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 the folIowing things: c. 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 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 appeals. there will be a new trial on al! 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 d. within 30 days after the date this Notice of Entry of Judgmentwas mailed or handed to you. Your appeal will be in the supen‘or court. You will have a new trial and you must present your evidence again. You may be represented by a lawyer. c. VACATE OR CANCEL THE JUDGMENT 1f you did not go t0 the trial. you may ask the court to vacate or cancel the judgment. To make this request, you must file a Motion (o Vacate me Judgment (form 80-135) and pay the required fee within 30 days after the date this Notice of Entry of Judgment was mailed. 1f your request is denied, you then e. have 1O days from the date the notice 0f denial was mailed to file an appeal. The period to file the Motion to Vacate the Judgment is 180 days if you were no! properly served with the claim. The 180-day period begins 0n the date you found out or sh0uld 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 f. 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 claim these fees. ask the clerk for a Memorandum of Costa STATEMENT 0F 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 0f Assets (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 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 SC-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 708.1 70. ORDER OF EXAMINATION You may also make the debtor come to court to answer questions about income and property. 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 raw 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-002). 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 t0 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 0f 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 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 [0cated. The recorder will charge a fee for the Abstract ofJudgment. 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. 1f an Abstract of Judgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: ACKNOWLEDGEMENT 0F SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) 203C083462 To the Clerk of the Court: | am the D judgment creditor D assignee of record. | agree that thejudgment I'n this action has been paid in full or otherwise satisfied. Date: p (TYPE 0R PRINT NAME) (SIGNATURE) A Page;oféSC-‘SOKRevJU'W-Ml NOTICE 0F ENTRY 0F JUDGMENT (Small Claims)
