Judge: Kerry Bensinger, Case: 21STCV17851, Date: 2024-02-27 Tentative Ruling

Case Number: 21STCV17851    Hearing Date: February 27, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     February 27, 2024                             TRIAL DATE:  N/A

CASE:                         Aubrey Williams v. Thermal Air Conditioning, Inc., et al.

CASE NO.:                 21STCV17851

CLAIM OF EXEMPTION

MOVING PARTY:               Defendants/Judgment Debtors Thermal Air Condition, Inc. and Robert Canizalez

RESPONDING PARTY:     Plaintiff/Judgment Creditor Aubrey Williams

            On May 12, 2021, Plaintiff Aubrey Williams filed this wrongful termination and discrimination action against, Defendants, Thermal Air Conditioning, Inc. and Robert Canizalez.  

            On April 17, 2023, the parties filed a Notice of Settlement of the Entire Case.

            On June 2, 2023, Plaintiff filed a motion to enforce the settlement agreement and for attorneys’ fees and costs.

            On July 19, 2023, the court granted Plaintiff’s motion.  On September 29, 2023, the court entered judgment for Plaintiff against Defendants Thermal Air and Canizalez, jointly and severally for the sum of $105,000, plus $1,660 in attorneys’ fees for a total judgment of $106,660.

            On December 13, 2023, Plaintiff filed a Notice of Hearing on Claim of Exemption.  The Notice indicates Defendants (hereafter, “Judgment Debtors”) have made a claim of exemption.  Plaintiff concurrently filed an opposition to the Claim of Exemption.

“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.” (Code Civ. Proc., § 703.550.) “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.” (Code Civ. Proc., § 703.580, subd. (a).)

“At a hearing under this section, the exemption claimant has the burden of proof.” (Code Civ. Proc., § 703.580, subd. (b).) “The claim of exemption is deemed controverted by the notice of opposition to the claim of exemption and both shall be received in evidence. If no other evidence is offered, the court, if satisfied that sufficient facts are shown by the claim of exemption (including the financial statement if one is required) and the notice of opposition, may make its determination thereon.” (Code Civ. Proc., § 703.580, subd. (c).) “At the conclusion of the hearing, the court shall determine by order whether or not the property is exempt in whole or in part.” (Code Civ. Proc., § 703.580, subd. (d).)

Here, Judgment Debtors have not submitted papers or evidence supporting their claim of exemption.  Judgment Debtors have therefore not met their burden of proof for the claim.

Accordingly, Judgment Debtors’ claim of exemption is DENIED.

Dated:   February 27, 2024