Judge: Joseph Lipner, Case: 19STCV44177, Date: 2024-11-26 Tentative Ruling

Case Number: 19STCV44177    Hearing Date: November 26, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

This motion relates to the claim of exemption of Defendant and judgment debtor Minnie Childress (“Minnie”) as to the judgment levy made by Plaintiff and judgment creditor MS Services, LLC (“Plaintiff”).

            The Court CONTINUES this motion to January 14, 2025 at 8:30 a.m.  The Court  ORDERS levying officer Jodi Decew to file a copy of Defendant Minnie Childress’s claim of exemption with the Court no later than January 3, 2025.  Plaintiff shall give notice.

Background

On August 18, 2020, the Court entered default judgment in favor of Plaintiff and against Defendants Minnie and Jamie (“Jamie”) Childress (collectively, “Defendants”) (the Court uses Defendants’ first names for clarity only, and means no disrespect).

On October 14, 2024, Plaintiff filed a notice of opposition to Minnie’s claim of exemption.

On October 15, 2024, Plaintiff filed a notice of hearing on Minnie’s claim of exemption.

On October 25, 2024, Plaintiff filed a notice of opposition to Minnie’s claim of exemption.

No copy of the claim of exemption has been filed with the Court.

Legal Standard

“Except as otherwise provided by statute, property that has been levied upon may be claimed to be exempt as provided in this article.” (Code Civ. Proc., § 703.510, subd. (a).) “If property that is exempt without making a claim is levied upon, it may be released pursuant to the exemption procedure provided in this article.” (Code Civ. Proc., § 703.510, subd. (a).)

To claim an exemption, the judgment debtor must file an original and one copy of a Claim of Exemption with the levying officer. (Code Civ. Proc., § 703.520, subd. (a).) The claim must be filed within 15 days after service on the judgment debtor of the notice of levy on the exempt property if the claimant was served personally, or 20 days after service of the notice of levy if the claimant was served by mail. (Code Civ. Proc., § 703.520, subd. (a).)

Promptly after the claim of exemption is filed, the levying officer must serve the judgment creditor with a copy of the claim of exemption and a notice that the levying officer will release the property unless the judgment creditor files with the levying officer a notice of opposition to the claim and a copy of the notice of motion for an order determining the claim of exemption. (Code Civ. Proc., § 703.540.)

“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 [1] a notice of opposition to the claim of exemption and [2] 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. If copies of the notice of opposition and notice of motion are not filed with the levying officer within the time allowed, the levying officer shall immediately release the property to the extent it is claimed to be exempt.” (Code Civ. Proc., § 703.550, subd. (a) [emphasis added].)

Discussion

            No copy of Minnie’s claim of exemption has been filed with the Court. Pursuant to Code Civ. Proc., § 703.550, subd. (a), the levying officer must file the claim of exemption with the Court. Plaintiff’s Notice of Hearing indicates that the levying officer in this case is Jodi Decew.

            The Court therefore continues this motion and orders levying officer Jodi Decew to file a copy of Defendant Minnie Childress’s claim of exemption with the Court.