Judge: Daniel S. Murphy, Case: BC688350, Date: 2022-09-28 Tentative Ruling

Case Number: BC688350    Hearing Date: September 28, 2022    Dept: 32

BACKGROUND

            Plaintiff Stars Athletic Foundation (“Stars”) commenced this action against Defendant Karamanoukian Trust (“Trust”) on December 27, 2017. The operative pleading is the First Amended Complaint (FAC) filed on May 1, 2018. The FAC asserts causes of action for breach of contract and fraud. The FAC arises from a lease agreement wherein the Trust leased a premises in Monrovia, CA to Stars but allegedly breached the agreement by failing to provide, among other things, a working restroom or HVAC system.

            The Trust filed a cross-complaint on September 28, 2018 against Stars and its principal, Joanne Bockian, for breach of contract, fraud, and negligence. The cross-complaint alleges that Bockian was aware of the condition of the ventilation system on the premises and agreed to accept the premises “as is.” Stars allegedly breached the lease by failing to pay rent.

            On December 17, 2020, judgment was entered in favor of the Trust on both the FAC and the cross-complaint. Stars as the primary obligor of the unpaid rent, and Bockian as guarantor, were ordered to pay the Trust. The Trust was deemed the prevailing party “[b]ecause the Trust obtained all of the relief that it sought in each of the MSA’s, and because Stars and Bockian were denied any relief in this action . . . .”

            On August 29, 2022, the Trust, as judgment creditor, filed an opposition to Bockian’s claim of exemption on the grounds that the claim is unsubstantiated by evidence. Bockian has not filed a response.

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

            Bockian filed a claim of exemption without supporting evidence showing that the identified items are in fact exempt. The burden lies with the judgment debtor. Absent such proof, a claim of exemption is unwarranted.

CONCLUSION

            The claim of exemption filed by judgment debtor Joanne Bockian is DENIED.