Judge: Daniel S. Murphy, Case: BC400440, Date: 2022-08-19 Tentative Ruling

Case Number: BC400440    Hearing Date: August 19, 2022    Dept: 32

BACKGROUND

            Around late June 2022, Plaintiff and judgment creditor Judy Thomas levied monies from an account belonging to Defendant and judgment debtor Gary Palmquist. Around July 1, 2022, Defendant executed a claim of exemption on the grounds that the levied money is from an IRA/retirement account and social security, and is required for living necessities. (Evanns Decl., Ex. A1.) On July 25, 2022, Plaintiff filed her opposition to the claim of exemption. Defendant has not filed a response to Plaintiff’s opposition and notice of hearing.

LEGAL STANDARD

            Code of Civil Procedure section 703.010 et seq. sets forth the grounds for exemptions to enforcement of a money judgment. The burden of proof is on the party claiming the exemption. (Id., § 703.580, subd. (b).)

DISCUSSION

            Although Defendant filed a claim of exemption, no effort has been made to substantiate the representations made therein. Defendant bears the burden of proof. (Code Civ. Proc., § 703.580, subd. (b).) Having filed no response to Plaintiff’s opposition, Defendant has failed to meet his burden of proof.

            Moreover, documents received in August 2022 pursuant to subpoenas served on Defendant’s banks show that Defendant received monthly income significantly higher than what he averred to in the claim of exemption. (See Evanns Supp. Decl., Ex. F-I.) None of the amounts deposited in the months of March through June 2022 match the purported $750 per month distribution from IRA.

            In sum, there is no evidence that the funds are exempt from levy.    

CONCLUSION

            Therefore, the claim of exemption filed by Defendant Gary Palmquist is DENIED.