Preview
NameandAddressof Court:
SC-130
Superior Court ofCalifornia,County ofAlameda
Berkeley Courthouse
2120 Martin Luther King
Berkeley, CA 94704
(510) 647-4400 SMALL CLAIMS CASE NO. BS08369993
NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS:
Your Small Claims case has been decided. Ifyou lost the Su caso ha sido resuelto por la corte para reclarnos judiciales
case, and the court ordered you to pay money, your menores. Sila corte ha decidido en su contra y ha ordenado
wages, money, and property may be taken without further quo usted pague dinero, lepueden quitarsu salario,su dinero,
warning from the court. Read the attached page for y otras cosas de su propiedad, sin aviso adicional por parte
further important information about your rights. de esta corte. Lea elreverso de este formulario para obtener
informaci6én de importancia acerca de sus derechos.
r PLAINTIFF/DEMANDANTE
(Name,
address,
andtelephone
of each): 7 r DEFENDANT/DEMANDADO (Name,
address,
andtelephone
number
of each): 7
Esther Yang Hortencia Tobar Garcia
P.O. Box 20218 1117 Brighton Ave.
El Sorbrante, CA 94820 #8
Albany, CA 94706
Telephone
No.:
L Telephone
No.: (510) 217-7403 J J
r 7 1
Nancy Alvarez
1117 Brighton Ave.
#8
Albany, CA 94706
Telephone
No.: Telephone
No.: 1
L J
[| See attachedsheetforadditional
plaintiffs
and defendants
NOTICE OF ENTRY OF JUDGMENT
Judgment was enteredas checked below on (date):07/16/2010 Temporary Robert Maltz
Judge
1. Defendant (name, if morethan one). Hortencia Tobar Garcia; Nancy Alvarez
shall pay plaintiff
(name, if more than one): Esther Yang
$ .00 principaland $ 50.00 costs on plaintiffs
claim.
[] Defendant does notowe plaintiff
any money on plaintiffsclaim.
won
[| Plaintiff
(name, if more than one).
shall pay defendant (name, if more than one):
$ principaland $ costs on defendant's claim.
[] Plaintiff
does not owe defendant any money on defendant’s claim.
as
. [| Possession of thefollowing property isawarded toplaintiff
(describe property):
. [| Payments are tobe made atthe rate of $ per (specifyperiod): ,beginning on (date):
o)
and on the(specify day): day ofeach thereafter untilpaid infull.Ifany payment ismissed, theentire
balance may become due immediately.
[] Dismissed in Court [] with prejudice. [] without prejudice.
™N
. [| Attorney-Client Fee Dispute (Attachment toNotice of Entry ofJudgment) (form SC-132) isattached.
Cc
9. | X | Other (specify):
Plaintiffshall keep the Defendant's $900.00 security deposit in fulland Plaintiffshall recover costs in the amount
of $50.00.
10. [] Thisjudgment results
from amotor vehicleaccidenton aCaliforniahighway andwas caused bythe judgment debtorsoperationof a
motor vehicle.Ifthe
judgment isnotpaid,thejudgment creditor
may applyto havethe judgment debtor's
driver's
licensesuspended.
11. Enforcement ofthe judgment isautomatically postponed for30 days or,ifan appeal isfiled,until
the appeal isdecided.
12, [| This notice was personallydelivered to (insertname and date):
-The county provides small claims advisor services free of charge. Read the information sheet on the next page.-
Page1 of 2
FormAdopted
for Alternative
Mandatory
Use NOTICE OF ENTRY OF JUDGMENT
Judicial Council
of California Codeof Civil Procedure,
§ 116.610
SC-130
[Rev. July
1, 2010] (Small Claims) www. courtinof.ca.gov
INFORMATION AFTER JUDGMENT | INFORMACION DESPUES DEL FALLO DELACORTE _ |
Your small claims case has been decided. The judgment or decision of the court appears on the front ofthis 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 collectthe
money is called the judgment creditor. The person (or business) who lostthe case and who owes the money is called the
judgment debtor.
Enforcement ofthe judgment is postponed untilthe time forappeal ends or until
the appeal isdecided. This means that the
judgment creditor cannot collectany money or take any action untilthisperiod isover. Generally, both partiesmay be
represented by lawyers after judgment.
IF YOU LOST THE CASE...
1. Ifyou lostthe case on your own claim and the court did not 6) VOLUNTARY PAYMENT
award you any money, thecourt’s decision on your claim is Ask the judgment debtor to pay the money. Ifyour claim was
FINAL. You may not appeal your own claim. forpossession of property, ask thejudgment debtor toreturn
2. If youlostthecase and the courtordered you to pay money, your the property toyou. THE COURT WILL NOT COLLECT THE
money and property may betaken to pay theclaim unless you do MONEY OR ENFORCE THE JUDGMENT FOR YOU.
one ofthe followingthings:
a) PAY THE JUDGMENT c) STATEMENT OF ASSETS
The law requires
you to paythe amount ofthejudgment. You If thejudgment
debtor does not pay the money, thelaw _
may pay thejudgment creditor
directly,
or paythe judgmentto FeeeS ee eter tO Todt 2 formCalem aiesuagiment
the court
order
foran payments
monthly
additional you
fee. canYouaffor
may also‘ask
the courtto Debtor's
tellyou
Statement
what
of the
property
Assets (form
Judgment
SC-133)._has This
debtor that
form
may
will
be
Ask theclerkforinformationaboutthese procedures. available
failsto
to
send
pay
you
your
the
claim.It
completed
the judgment
form, you
debtor
may file
willfully
an
b) APPEAL 7 Application and Order to Produce Statement ofAssets and to
If you
disagreewith thecourt's
decision,you may appeal the Appear forExamination (form SC-134) and ask the court to
decisionon theotherpartys claim.You may not _ give you your attorney's fees and expenses, and other _
appealthe decisionon yourown claim.However, if any
party appropriate relief,
after propernotice,under Code ofCivil
appeals,therewil bea new trial
on ail the
claims.Ityoufil Procedure section 708.Pro
appeared atthe trial,you must begin your appea ilinga
form calleda Notice oFAppeal(forrhSC140)and paythe © d).- ORDER OF EXAMINATION
required fees within30 daysafterthedate this
Notice ofEntry You may also make the debtor come to courtto answer
of Judament was mailed orpended to questions about income and property.To do this,ask the clerk
‘ou. Yourappealwillbeinthe superiorcourt.You will foran Application and Order forAppearance and Examination
ave a new trial
and youmust presentyour evidenceagain. (Enforcement of Judgment) (form J-125) and pay the
You may be representedbya lawyer. fequired tee. There isa fee ita law officerserves {ne order on
e judgment debtor. Youmay also obtainthe
judgmen
c) VACATE OR CANCEL THE JUDGMENT debtor's financialrecords. Ask the clerkfor the Small Claims
If you
did not gotothetrial,
you may askthe courtto vacateor Subpoena and Declaration (form SC-107) or CivilSubpoena
cancelthe judgment.
To make thisrequest,you mustfilea Duces Tecum (form SUBP-002).
Motion toVacate theJudgment (form C-135)and pay the
requiredfeewithin30days afterthedatethisNoticeof Entryof ¢) WRIT OF EXECUTION
Judgment was mailed.If yourrequestisdenied,you then have After you findout about the udgment debtor's property,you
10 daysfrom the datethe notice may ask the court fora Writ of Execution (form EJ-13 )and
ofdenial was mailed tofilean appeal. pay the required fee. A writ ofexecution isa court paperthat
The periodtofile the
Motionto Vacatethe Judgment is180 days ellsa law officertotake property of thejudgment debtorto
if you
were not properlyservedwiththeclaim. The 180-day pay your claim. Here are some examples ofthe kinds of
periodbegins onthe date
you found outorshould have found property the officermay be able totake: wages, bank
outabout thejudgment againstyou. account, automobile, business propert , OF rentalincome.
IF YOU WON THE CASE... or some kindsof property,you may need to Tile
other forms.
1. Ifyou were sued by the other party and you won the case, See the law officerfor information.
then the other party may notappeal the court’sdecision. f) ABSTRACT OF JUDGMENT
2. Ifyou won the case and the courtawarded you money, here The judgment debtor may own land ora house or other
are some steps you may take to collectyour money orget buildings. You may want to put a lienon the property so that
possession ofyour property: you willbe paid if the
property issold. You can get a lienby
a) COLLECTING FEES AND INTEREST ilingan Abstract of Judgment (form EJ-001) withthe county
Sometimes fees are charged forfilingcourtpapers orfor recorder in thecounty where the property is located. The
serving the judgment debtor. These extra costs can recorder willcharge a fee forthe Abstract of Judgment.
become partof your originaljudgment. To claim these
fees, ask the clerkfor aMemorandum of Costs.
NOTICE TO THE PARTY WHO WON: As soon as you have been paidinfull,
you must fill
out theform below and mailit to
thecourt
immediatelyoryou may be fined.
If an
Abstractof Judgment has been recorded.You must use anotherform; seethe clerk
forthe properform.
CASE TITLE AND SMALL CLAIMS CASE NO. MUST BE FILLED OUT.
CASETITLE Yang vs. _ Garcia SMALL CLAIMS CASE NO.: BS08369993
ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT
(Do not use this form if anAbstract ofJudgment has been recorded)
To the Clerk of the Court
lam the judgment creditor [__] assignee ofrecord.
|agree that the judgment inthis actionhas been paid in full
or otherwise satisfied.
Date:
(TYPEORPRINTNAME) (SIGNATURE)
$C-130(Rev.
July
1,2010) NOTICE OF ENTRY OF JUDGMENT Page2 of 2
(Small Claims)
Preview
NameandAddressof Court: SC-130 Superior Court ofCalifornia,County ofAlameda Berkeley Courthouse 2120 Martin Luther King Berkeley, CA 94704 (510) 647-4400 SMALL CLAIMS CASE NO. BS08369993 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your Small Claims case has been decided. Ifyou lost the Su caso ha sido resuelto por la corte para reclarnos judiciales case, and the court ordered you to pay money, your menores. Sila corte ha decidido en su contra y ha ordenado wages, money, and property may be taken without further quo usted pague dinero, lepueden quitarsu salario,su dinero, warning from the court. Read the attached page for y otras cosas de su propiedad, sin aviso adicional por parte further important information about your rights. de esta corte. Lea elreverso de este formulario para obtener informaci6én de importancia acerca de sus derechos. r PLAINTIFF/DEMANDANTE (Name, address, andtelephone of each): 7 r DEFENDANT/DEMANDADO (Name, address, andtelephone number of each): 7 Esther Yang Hortencia Tobar Garcia P.O. Box 20218 1117 Brighton Ave. El Sorbrante, CA 94820 #8 Albany, CA 94706 Telephone No.: L Telephone No.: (510) 217-7403 J J r 7 1 Nancy Alvarez 1117 Brighton Ave. #8 Albany, CA 94706 Telephone No.: Telephone No.: 1 L J [| See attachedsheetforadditional plaintiffs and defendants NOTICE OF ENTRY OF JUDGMENT Judgment was enteredas checked below on (date):07/16/2010 Temporary Robert Maltz Judge 1. Defendant (name, if morethan one). Hortencia Tobar Garcia; Nancy Alvarez shall pay plaintiff (name, if more than one): Esther Yang $ .00 principaland $ 50.00 costs on plaintiffs claim. [] Defendant does notowe plaintiff any money on plaintiffsclaim. won [| Plaintiff (name, if more than one). shall pay defendant (name, if more than one): $ principaland $ costs on defendant's claim. [] Plaintiff does not owe defendant any money on defendant’s claim. as . [| Possession of thefollowing property isawarded toplaintiff (describe property): . [| Payments are tobe made atthe rate of $ per (specifyperiod): ,beginning on (date): o) and on the(specify day): day ofeach thereafter untilpaid infull.Ifany payment ismissed, theentire balance may become due immediately. [] Dismissed in Court [] with prejudice. [] without prejudice. ™N . [| Attorney-Client Fee Dispute (Attachment toNotice of Entry ofJudgment) (form SC-132) isattached. Cc 9. | X | Other (specify): Plaintiffshall keep the Defendant's $900.00 security deposit in fulland Plaintiffshall recover costs in the amount of $50.00. 10. [] Thisjudgment results from amotor vehicleaccidenton aCaliforniahighway andwas caused bythe judgment debtorsoperationof a motor vehicle.Ifthe judgment isnotpaid,thejudgment creditor may applyto havethe judgment debtor's driver's licensesuspended. 11. Enforcement ofthe judgment isautomatically postponed for30 days or,ifan appeal isfiled,until the appeal isdecided. 12, [| This notice was personallydelivered to (insertname and date): -The county provides small claims advisor services free of charge. Read the information sheet on the next page.- Page1 of 2 FormAdopted for Alternative Mandatory Use NOTICE OF ENTRY OF JUDGMENT Judicial Council of California Codeof Civil Procedure, § 116.610 SC-130 [Rev. July 1, 2010] (Small Claims) www. courtinof.ca.gov INFORMATION AFTER JUDGMENT | INFORMACION DESPUES DEL FALLO DELACORTE _ | Your small claims case has been decided. The judgment or decision of the court appears on the front ofthis 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 collectthe money is called the judgment creditor. The person (or business) who lostthe case and who owes the money is called the judgment debtor. Enforcement ofthe judgment is postponed untilthe time forappeal ends or until the appeal isdecided. This means that the judgment creditor cannot collectany money or take any action untilthisperiod isover. Generally, both partiesmay be represented by lawyers after judgment. IF YOU LOST THE CASE... 1. Ifyou lostthe case on your own claim and the court did not 6) VOLUNTARY PAYMENT award you any money, thecourt’s decision on your claim is Ask the judgment debtor to pay the money. Ifyour claim was FINAL. You may not appeal your own claim. forpossession of property, ask thejudgment debtor toreturn 2. If youlostthecase and the courtordered you to pay money, your the property toyou. THE COURT WILL NOT COLLECT THE money and property may betaken to pay theclaim unless you do MONEY OR ENFORCE THE JUDGMENT FOR YOU. one ofthe followingthings: a) PAY THE JUDGMENT c) STATEMENT OF ASSETS The law requires you to paythe amount ofthejudgment. You If thejudgment debtor does not pay the money, thelaw _ may pay thejudgment creditor directly, or paythe judgmentto FeeeS ee eter tO Todt 2 formCalem aiesuagiment the court order foran payments monthly additional you fee. canYouaffor may also‘ask the courtto Debtor's tellyou Statement what of the property Assets (form Judgment SC-133)._has This debtor that form may will be Ask theclerkforinformationaboutthese procedures. available failsto to send pay you your the claim.It completed the judgment form, you debtor may file willfully an b) APPEAL 7 Application and Order to Produce Statement ofAssets and to If you disagreewith thecourt's decision,you may appeal the Appear forExamination (form SC-134) and ask the court to decisionon theotherpartys claim.You may not _ give you your attorney's fees and expenses, and other _ appealthe decisionon yourown claim.However, if any party appropriate relief, after propernotice,under Code ofCivil appeals,therewil bea new trial on ail the claims.Ityoufil Procedure section 708.Pro appeared atthe trial,you must begin your appea ilinga form calleda Notice oFAppeal(forrhSC140)and paythe © d).- ORDER OF EXAMINATION required fees within30 daysafterthedate this Notice ofEntry You may also make the debtor come to courtto answer of Judament was mailed orpended to questions about income and property.To do this,ask the clerk ‘ou. Yourappealwillbeinthe superiorcourt.You will foran Application and Order forAppearance and Examination ave a new trial and youmust presentyour evidenceagain. (Enforcement of Judgment) (form J-125) and pay the You may be representedbya lawyer. fequired tee. There isa fee ita law officerserves {ne order on e judgment debtor. Youmay also obtainthe judgmen c) VACATE OR CANCEL THE JUDGMENT debtor's financialrecords. Ask the clerkfor the Small Claims If you did not gotothetrial, you may askthe courtto vacateor Subpoena and Declaration (form SC-107) or CivilSubpoena cancelthe judgment. To make thisrequest,you mustfilea Duces Tecum (form SUBP-002). Motion toVacate theJudgment (form C-135)and pay the requiredfeewithin30days afterthedatethisNoticeof Entryof ¢) WRIT OF EXECUTION Judgment was mailed.If yourrequestisdenied,you then have After you findout about the udgment debtor's property,you 10 daysfrom the datethe notice may ask the court fora Writ of Execution (form EJ-13 )and ofdenial was mailed tofilean appeal. pay the required fee. A writ ofexecution isa court paperthat The periodtofile the Motionto Vacatethe Judgment is180 days ellsa law officertotake property of thejudgment debtorto if you were not properlyservedwiththeclaim. The 180-day pay your claim. Here are some examples ofthe kinds of periodbegins onthe date you found outorshould have found property the officermay be able totake: wages, bank outabout thejudgment againstyou. account, automobile, business propert , OF rentalincome. IF YOU WON THE CASE... or some kindsof property,you may need to Tile other forms. 1. Ifyou were sued by the other party and you won the case, See the law officerfor information. then the other party may notappeal the court’sdecision. f) ABSTRACT OF JUDGMENT 2. Ifyou won the case and the courtawarded you money, here The judgment debtor may own land ora house or other are some steps you may take to collectyour money orget buildings. You may want to put a lienon the property so that possession ofyour property: you willbe paid if the property issold. You can get a lienby a) COLLECTING FEES AND INTEREST ilingan Abstract of Judgment (form EJ-001) withthe county Sometimes fees are charged forfilingcourtpapers orfor recorder in thecounty where the property is located. The serving the judgment debtor. These extra costs can recorder willcharge a fee forthe Abstract of Judgment. become partof your originaljudgment. To claim these fees, ask the clerkfor aMemorandum of Costs. NOTICE TO THE PARTY WHO WON: As soon as you have been paidinfull, you must fill out theform below and mailit to thecourt immediatelyoryou may be fined. If an Abstractof Judgment has been recorded.You must use anotherform; seethe clerk forthe properform. CASE TITLE AND SMALL CLAIMS CASE NO. MUST BE FILLED OUT. CASETITLE Yang vs. _ Garcia SMALL CLAIMS CASE NO.: BS08369993 ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT (Do not use this form if anAbstract ofJudgment has been recorded) To the Clerk of the Court lam the judgment creditor [__] assignee ofrecord. |agree that the judgment inthis actionhas been paid in full or otherwise satisfied. Date: (TYPEORPRINTNAME) (SIGNATURE) $C-130(Rev. July 1,2010) NOTICE OF ENTRY OF JUDGMENT Page2 of 2 (Small Claims)