Judge: Anne Hwang, Case: BC24197, Date: 2023-12-07 Tentative Ruling

Case Number: BC24197    Hearing Date: December 7, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

On August 19, 2019, the Court granted default judgment for Plaintiff State Farm Mutual Automobile Insurance Company (Judgment Creditor) against Defendants Juan de Loera and Linda Castillo (Defendants).

On May, 9, 2023, a writ of execution was issued against Defendants.

On September 13, 2023, Judgment Creditor filed a Notice of Hearing on Claim of Exemption regarding Judgment Debtor Linda Castillo (Castillo).

On September 13, 2023, Judgment Creditor filed a notice of opposition to the claim of exemption.  

LEGAL STANDARD

A writ of execution is a court process which allows a levying officer (i.e. the sheriff of a county) to enforce a money judgment in a manner prescribed by law. (Code Civ. Proc. § 699.520.) An individual judgment debtor may seek to prevent property from being levied by filing a claim of exemption.

“The claimant may make a claim of exemption by filing with the levying officer, either in person or by mail, a claim of exemption together with a copy of the claim. If the claimant is personally served, the claim shall be made within 15 days after the date the notice of levy on the property claimed to be exempt is served on the judgment debtor. If the claimant is served by mail, the claim shall be made within 20 days after the date the notice of levy on the property claimed to be exempt is served on the judgment debtor. If the claim is filed by mail and assigned a tracking number by the United States Postal Service or another common carrier, the filing shall be deemed complete on the date the claim is postmarked. If the claim is filed by mail and not assigned a tracking number, the filing shall be deemed complete on the date the claim is received by the levying officer.” (Code Civ. Proc. § 703.520 (a).)

The claim must include the information listed in section 703.520, subdivision b. Promptly after filing the claim of exemption, the levying officer shall serve a copy of the claim of exemption and “[a] notice of claim of exemption stating that the claim of exemption has been made and that the levying officer will release the property unless, within the time allowed as specified in the notice, both of the following are filed with the levying officer:

(1) A copy of the notice of opposition to the claim of exemption.

(2) A copy of the notice of motion for an order determining the claim of exemption.” (Code Civ. Proc. § 703.540.)

“Within 10 days after service of the notice of claim of exemption, a judgment creditor who opposes the claim of exemption shall file with the court a notice of opposition to the claim of exemption and a notice of motion for an order determining the claim of exemption and shall file with the levying officer a copy of the notice of opposition and a copy of the notice of motion. Upon the filing of the copies of the notice of opposition and notice of motion, the levying officer shall promptly file the claim of exemption with the court.” (Code Civ. Proc., § 703.550.)¿ 

At a hearing on a claim of exemption, “the [judgment debtor] has the burden of proof” in demonstrating that the property claimed exempt is indeed exempt. (Code Civ. Proc., §§ 703.520, subd. (b), 703.580, subds. (b), (c).) In meeting this burden, the judgment debtor must establish the right by evidence or facts; an affidavit which merely follows the language of the statute and states nothing more than conclusions of law is insufficient.¿(Le Font v.¿Rankin¿(1959)¿167¿Cal.App.2d 433, 435.¿Generally, "common necessaries of life" means essentials commonly required by all persons for the sustenance of life, whatever their employment status and includes medical care. (J. J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18-19).¿¿ 

“The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause.” (Code Civ. Proc. § 703.570 (a).)

DISCUSSION

The Court cannot rule on this claim of exemption because Judgment Debtor Linda Castillo’s claim of exemption has not been filed.

CONCLUSION AND ORDER

Therefore, the Court finds good cause to continue the hearing to January 22, 2024 at 1:30 p.m. in Department 32 of the Spring Street Courthouse, so that Judgment Creditor can address this defect.

Judgment Creditor shall provide notice of the Court’s ruling and file a proof of service of such.