Judge: Joel L. Lofton, Case: 23AHCV00738, Date: 2024-02-22 Tentative Ruling

Case Number: 23AHCV00738    Hearing Date: February 22, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      February 22, 2024                                           TRIAL DATE: No date set.

CASE:                         ALLIANCE LAUNDRY SYSTEMS LLC v. MJ4 CAPITAL, LLC, a Wyoming limited liability company; JASON SCOTT ARROW, an individual; JAMIE LYNN ARROW, an individual; JAY EDWARD DAVENPORT, an individual; MICHELLE LYNETTE DAVENPORT, an individual; and DOES 1 through 20, inclusive.  

CASE NO.:                 23AHCV00738

MOTION FOR OPPOSITION TO CLAIM OF EXEMPTION

MOVING PARTY:               Opposition to Claim of Exemption filed by Plaintiff Alliance Laundry Systems LLC

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed January 26, 2024

RELIEF REQUESTED

             Plaintiff Alliance Laundry Systems files this opposition to Defendant’s Jason Scott Arrow’s claim of exemption.

BACKGROUND

             This case arises out of Plaintiff Alliance Laundry Systems LLC’s (“Plaintiff”) claim that Defendants failed to pay back a loan. Plaintiff filed this complaint on April 5, 2023, alleging seven causes of action for (1) breach of promissory note, (2) breach of guaranty, (3) money had and received, (4) money lent, (5) account stated, (6) open book account, and (7) recovery of personal property.

TENTATIVE RULING

            The hearing on Arrow’s claim of exemption is order continued 30 days.

            The levying officer is ordered to file the claim of exemption with this Court prior to the continued hearing date.

DISCUSSION

            Plaintiff files this opposition to Defendant Jason Scott Arrow (“Arrow”) claim for exemption for $22,912.85 levied funds. On December 13, 2023, this court issued a writ of execution. Plaintiff provides in its moving papers that it issued instructions to the Orange County Sheriff Department, the levying officer, to levy the writ on Citibank, N.A. Plaintiff provides Citibank N.A. completed a memorandum of garnishee on January 9, 2024, and on January 18, 2024, Arrow submitted his claim of exemption.

            Code of Civil Procedure section 703.510 et seq. details the procedure for claiming exemptions after levy. Code of Civil Procedure section 703.550, subdivision (a), provides, in part: “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. 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.”

            Further, Code of Civil Procedure section 703.580, subdivision (a), provides: “The claim of exemption and notice of opposition to the claim of exemption constitute the pleadings, subject to the power of the court to permit amendments in the interest of justice.” “The claim of exemption is deemed controverted by the notice of opposition to the claim of exemption and both shall be received in evidence.” (Code. Civ. Proc. section 703.580, subd. (c).)

            Although Plaintiff filed its notice of opposition to Arrow’s claim of exemption on January 26, 2024, no copy of the claim of exemption appears to be in the court’s record.  Because the statutory procedures provide that the claim of exemption constitute the pleading and evidence and because the levying office has not filed a copy of the claim of exemption with this court, the hearing on the present motion is continued.

            Code of Civil Procedure section 703.570, subdivision (a), provides: “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.” The court finds good cause to continue this motion.

CONCLUSION

            The hearing on Arrow’s claim of exemption is order continued 30 days.

            The levying officer is ordered to file the claim of exemption with this Court prior to the continued hearing date.

Dated:   February 22, 2024                                         ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court