Judge: Jon R. Takasugi, Case: BC424856, Date: 2023-06-22 Tentative Ruling

Case Number: BC424856    Hearing Date: January 18, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Barani’s Claim of Exemption is CONTINUED, to allow her to file supplemental materials consistent with the ruling set forth below.

On 10/27/2009, Plaintiff Vernon Fifty-Two, LLC (Plaintiff) filed suit against Vernon Properties, Inc. and Azar Barani, alleging: (1) breach of contract; (2) fraud; (3) conversion; and (4) alter ego liability.

Now, the parties move for a consideration of Defendant’s Claim of Exemption.

Legal Standard

At a hearing on a claim of exemption, “the [judgment debtor] has the burden of proof” in demonstrating that the property claimed exempt is indeed exempt. (Code Civ. Proc., §§ 703.520, subd. (b), 703.580, subds. (b), (c).) In meeting this burden, the judgment debtor must establish the right by evidence or facts; an affidavit which merely follows the language of the statute and states nothing more than conclusions of law is insufficient.¿(Le Font v.¿Rankin¿(1959)¿167¿Cal.App.2d 433, 435.) Generally, "common necessaries of life" means essentials commonly required by all persons for the sustenance of life, whatever their employment status and includes medical care. (J. J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18-19.)

“Within 10 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.” (Code Civ. Proc., § 703.550.)¿ 

Discussion

            Here, Defendant claims:

I hereby declare that the funds withdrawn in the amount $249,295.20 from my personal accounts with Wells Fargo Bank under acct #1839543293, #1244841423, and #1244767446 are exempt pursuant to 704.220, 704.225, and 704.050

All funds within the Wells Fargo Bank under acct #1839543293, #1244841423, #1244767446, are exempted subject to standard of adequate care for myself and my disabled mother of 92 years of age living with me. Those funds are used to pay for food, housing, utilities clothing, for myself and my disabled 92 year old dependent, Maryam Barani. Those funds also provide for the medical care for my disabled mother. My mother is subject to a wheelchair and walker and suffers from high blood pressure. I am her sole caretaker. My mother makes no income other than her social security. In addition, I am currently unemployed. I require all funds to provide for her and my care.

            (Barani Decl., ¶¶ 2, 3.)

            Defendant further claims:

Defendant further states that the funds withdrawn in the amount of $281,296.35 from Chase Bank under acct #000000407698369 are funds held for the benefit of a third party.

            (Barani Decl., ¶ 2.)

            However, first, Defendant’s Notice is not accompanied by any supporting documentation. Such documentation is especially necessary to corroborate monthly expenses such as $875.00 on utilities and telephone, $450 on clothing, and $650 on entertainment. Moreover, Plaintiff contends that “[Barani’s] elderly mother received her own income from SSI and also has almost $15,000 in other accounts.” (Opp., 3:10-11.)  As such, Barani must specifically explain why the income and funds her mother has are insufficient to cover her care.

Second, as for the CCP section 704.220 exemption, the money in Barani’s account far exceeds the Region 1 Standard, which is $560 for 2 eligible needy persons and $341 for 1.

The CCP 704.220 exemption covers:

(a)   Money in the judgment debtor’s deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four for Region 1, established by Section 11452 of the Welfare and Institutions Code and as annually adjusted by the State Department of Social Services pursuant to Section 11453 of the Welfare and Institutions Code, is exempt without making a claim.

Third, the exemption under CCP section 704.050 cover health aids, and Barani’s Claim provides no indication as to what medical devices are needed and why funds already available or insurance cannot cover these items. 

The Court will provide Barani one final opportunity to establish an entitlement to an exemption. In particular, Barani must set forth documentation to corroborate her claimed expenses, must detail and support the expenses she incurs on behalf of her mother, and must show that her months SSI income and funds are insufficient to provide her care.

Based on the foregoing, Barani’s Claim of Exemption is continued.

It is so ordered.

Dated:  January    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.