Judge: Layne H. Melzer, Case: 2014-00732307, Date: 2022-09-29 Tentative Ruling

Pltf. State Farm Mutual Automobile Ins Co
Claim of Exemption - Wage Garnishment

The hearing on the Claim of Exemption submitted by Judgment Debtor David Etterand the Notice of Opposition submitted by Judgment Creditor State Farm Mutual Automobile Ins. Co.

is CONTINUED, for good cause, to 10/27/22 at 2PM.  Judgment Creditor is ordered to provide notice to the Judgment Debtor and Levying Officer, no later than October 3, 2022.

The Court continues the hearing to permit the Judgment Debtor to submit documentary evidence which further substantiates his claimed necessary expenses.

Pursuant to Code Civ. Proc.,§ 706.051(b), except as specified in certain exceptions inapplicable herein, “the portion of the judgment debtor’s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy under this chapter.”

“Although the burden of proof lies with the party claiming the exemption, exemptions statutes are generally construed in favor of the debtor.” (Kono v. Meeker (2011) 196 Cal.App.4th 81, 86; See also C.C.P. §703.580(b)).

Here, within the Claim of Exemption served by Judgment Debtor, Mr. Etter indicates that all earnings are necessary for the support of himself and his family. However, the Court finds that it has been provided with insufficient information, to support such a conclusion.  Pursuant to C.C.P. §703.580(c), “[i]f not satisfied, the court shall order the hearing continued for the production of other evidence, oral or documentary.”

Specifically, the Court has questions regarding the $580 in monthly auto expenses, given that the Debtor separately lists $428 as the Mazda car payment.  Also, what is the $100 in medical and dental payments for; is this different from the $100 in insurance?  In addition, evidence to support the $670 for utilities and telephone, and $400 for clothing and entertainment would assist the Court in its determination.

Any evidence supporting the claimed exemptions shall be filed by the Judgment Debtor no later than 9 court days prior to the continued hearing date.  Thereafter, Judgment Creditor may respond, no later than 5 court days prior to the continued hearing date.

Judgment Creditor to provide notice.