Judge: Holly J. Fujie, Case: BC634359, Date: 2022-08-19 Tentative Ruling

Case Number: BC634359    Hearing Date: August 19, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). 

BACKGROUND

            On March 3, 3017, the Court entered judgment in favor of Plaintiff and against Defendant Donte Antuan Jackson (“Jackson”) in the amount of $30,643.11.  On July 22, 2022, Plaintiff filed a notice of opposition to claim of exemption (the “Notice of Opposition”) and notice of hearing on claim of exemption (the “Notice of Hearing”). 

DISCUSSION

Within 15 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.  (CCP § 703.550, subd. (a).)  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. (Id.)

Pursuant to CCP section 703.550, subdivision (a), Plaintiff was required to file, within 15 days after service of the notice of claim of exemption: a notice of opposition to the claim of exemption and a notice of motion for an order determining the claim of exemption.  Plaintiff has filed the Notice of Opposition and Notice of Hearing, but no supporting motion.  Moreover, copies of the Notice of Opposition and Notice of Motion are required to be filed with the levying officer, who is identified as the Los Angeles County Sheriff.  Once the documents are filed with the levying officer, the levying officer shall promptly file the claim of exemption with the court.  (CCP § 703.550, subd. (a).)  It is unclear if the Notice of Opposition was filed with the levying officer because the proof of service only indicates service on Jackson.  In addition, the claim of exemption does not appear to have been filed with the Court. Without the claim of exemption, the Court is unable to determine whether the property at issue is exempt.  (See CCP § 703.580, subds. (a), (c).)  

The Court therefore CONTINUES the hearing to October 5, 2022 at 8:30 a.m. so that Plaintiff may address the foregoing defects. 

Moving party is ordered to give notice of this ruling.

            In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

              Dated this 19th day of August 2022