Judge: Joel R Wohlfeil, Case: 37-2022-00001386-CL-BC-CTL, Date: 2024-05-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/23/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Limited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00001386-CL-BC-CTL DEBT MANAGEMENT PARTNERS LLC VS MARTIN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Claim of Exemption - Notice of Opposition, 04/26/2024

The unopposed Motion (ROA #s 38 and 39) of Judgment Creditor DEBT MANAGEMENT PARTNERS, LLC ('Creditor') in opposition to the claim of Judgment Debtor CHAKEENA MARTIN ('Debtor') for an exemption to the satisfaction of the Judgment (ROA # 27), is GRANTED IN PART and DENIED IN PART.

The Claim of Exemption Packet indicates that no funds are being held by the levying officer (San Diego County Sheriff's Department). To the extent any funds are now being held, the levying officer is ordered to release the funds to the Creditor.

In addition, the levying officer is ordered to continue (or commence) wage garnishments in the amount of $30.00 per month.

Debtor contends all earnings are exempt from garnishment as necessary to support Debtor and Debtor's family. Debtor submits a Financial Statement signed under penalty of perjury. Creditor's opposition contends the earnings are not exempt from garnishment.

Debtor, as the exemption claimant, has the burden of proof. Code Civ. Proc. 703.580(b).

Wages are exempt 'to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.' Code Civ. Proc. 703.530(a).

The Court does not agree with Creditor. None of the expenses listed in the Financial Statement appear to be inflated or unreasonable. In fact, the monthly rent appears to be artificially low. In addition, when the $620 monthly car payment is included in the expenses, Debtor's expenses exceed income in the monthly amount of $120.18.

Arguably, payments on this judgment should take precedence over installment payments for a vehicle.

Also, the car payments appear to be high given Debtor's income and this judgment. The Court infers that Debtor needs a vehicle to commute to work, care for dependents, etc., and perhaps a less expensive vehicle could be procured.

Given the totality of these circumstances, and based on the limited information available to the Court, wage garnishment will be ordered in the amount of $30.00 per month. This ruling is made without prejudice of Creditor's ability to increase this garnishment amount in the future if Debtor's circumstances change.

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