Judge: Anne Richardson, Case: BC654863, Date: 2024-07-09 Tentative Ruling

Case Number: BC654863    Hearing Date: July 9, 2024    Dept: 40

Superior Court of California

County of Los Angeles

Department 40

I. Background

  On October 9, 2019, judgment was entered in this action in favor Plaintiff Narine Cates (“Plaintiff”) and against Defendant Shant Ohanian (“Judgment Debtor”) in the amount $101,063.50.

On June 1, 2023, Plaintiff assigned her judgment to Gregg Roberts (“Judgment Creditor”). (Assignment of Judgment & Acknowledgment of Assignment of Judgment filed 6/1/23).  

On May 20, 2024, Judgment Creditor filed the instant motion for an earnings withholding order against the earnings of Silva Ohanian aka Silva Sevlian (“Nondebtor Spouse”), nondebtor spouse of Judgment Debtor.

II. Earnings Withholding Order: CONTINUED.

A.    Legal Standard

“Community property is subject to enforcement of a money judgment as provided by the Family Code.” (Code Civ. Proc., § 695.020, subd. (a).) Further, “[a]ny provision of [the Enforcement of Judgments Act] that applies to the property of the judgment debtor . . . also applies to the community property interest of the spouse of the judgment debtor,” whether the community property is in the possession or control of the judgment debtor or in the possession or control of the spouse of the judgment debtor. (Code Civ. Proc., § 695.020, subd. (b).)   

Earnings of either spouse acquired during marriage are community property. (Fam. Code § 760.)  "Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.” (Fam. Code, § 910, subd. (a).) 

After issuance of a writ of execution, a judgment creditor may apply for issuance of an earnings withholding order to a registered process server who may then serve an earnings withholding order on the debtor’s employer.  (Code Civ. Proc., § 706.108, subd. (a).)  An earnings withholding order may be issued against the earnings of the judgment debtor’s spouse only upon court order after a noticed motion.  (Code Civ. Proc., § 706.109.)  Any withholding under an earnings withholding order must comply with Code of Civil Procedure section 706.050. 

B. Court’s Determination

Here, a writ of execution was issued on January 21, 2021. Judgment Creditor has collected nothing toward the satisfaction of the judgment, and no execution, levy, or other judgment enforcement tactic is in process. (Declaration of Gregg Roberts.) Also, Plaintiff has collected nothing through her own efforts or through the efforts of the previous assignee toward the satisfaction of the judgment. (Id.) There is no evidence that any exceptions apply which would make the earnings of Nondebtor Spouse exempt from liability for the judgment entered against her spouse, Judgment Debtor in this case. And Nondebtor Spouse has filed no opposition claiming that she is not the spouse of Judgment Debtor or making any other objection to the motion—the motion provides Nondebtor Spouse filed a petition for legal separation on June 25, 2019, but the separation was never consummated and no dissolution was requested or granted.  

However, proper service is in question as no proof of service of the motion and supporting documents on Nondebtor Spouse appears to have been filed; since Judgment Debtor never appeared in the action, he is not entitled to notice. (Code Civ. Proc., § 1014.) Therefore, the motion is continued to allow Judgment Creditor to file proof of service as to Nondebtor Spouse. 

III. Conclusion

The motion for earnings withholding order is CONTINUED to allow Judgment Creditor to file proof of service as to Nondebtor Spouse.