Judge: Katherine Chilton, Case: LAM14K05655, Date: 2023-03-21 Tentative Ruling

Case Number: LAM14K05655    Hearing Date: March 21, 2023    Dept: 25

PROCEEDINGS:      MOTION TO GARNISH WAGES

MOVING PARTY:   Plaintiff/Judgment Creditor American Contractors Indemnity Company

RESP. PARTY:         None

MOTION TO GARNISH WAGES

(CCP § 706.109)

TENTATIVE RULING:

Plaintiff/Judgment Creditor American Contractors Indemnity Company’s Motion for Order Permitting Judgment Creditor to Garnish Wages of Judgment Debtor’s Spouse is STAYED.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of March 16, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of March 16, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On April 24, 2014, Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed an action against Defendant Bruce Lane Franklin (“Defendant”).

Judgement was entered against Defendant on December 2, 2014.

On December 5, 2022, Plaintiff/Judgment Creditor filed the instant Motion for Order Permitting Judgment Creditor to Garnish Wages of Judgment Debtor’s Spouse (“Motion”).

On March 15, 2023, Plaintiff/Judgment Creditor filed a Notice of Stay of Proceedings.

No opposition has been filed.

II.              Legal Standard & Discussion

Plaintiff/Judgment Creditor moves for a Court order permitting it to garnish the wages of Judgment Debtor’s wife pursuant to Code of Civil Procedure § 706.109.  (Mot. p. 2.)

On March 15, 2023, Plaintiff/Judgment Creditor filed a Notice of Stay of Proceedings.  The Notice indicates that the Debtors filed for Chapter 7 Bankruptcy, which caused an automatic stay in the instant case.  (3-15-23 Notice pp. 1-2.)

Accordingly, the instant Motion to Garnish Wages is also STAYED.

III.            Conclusion & Order

For the foregoing reasons,

Plaintiff/Judgment Creditor American Contractors Indemnity Company’s Motion for Order Permitting Judgment Creditor to Garnish Wages of Judgment Debtor’s Spouse is STAYED.

Moving party is to give notice.