Judge: Layne H. Melzer, Case: 2014-00732307, Date: 2022-10-27 Tentative Ruling

PLT State Farm Mutual Automobile Ins. CO

Claim of Exemption - Wage Garnishment

Judgment Debtor David Etterand’s Claim of Exemption is denied.

Judgment Creditor may garnish $1427.59 per month of Judgment Debtor’s wages.

The claim of exemption, any attached financial statement, and notice of opposition to claim of exemption constitute the pleadings at a hearing to determine a claim of exemption and must be received into evidence.  (Code Civ. Proc., § 703.580(a), (c).) “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. If not satisfied, the court shall order the hearing continued for the production of other evidence, oral or documentary.”  (Code Civ. Proc., § 703.580(c).)

The judgment debtor bears the burden of proof at a hearing on a claim of exemption.  (Code Civ. Proc., § 703.580(b).) However, the exemption statutes are liberally construed in favor of the claimant.  (Kono v. Meeker (2011) 196 Cal.App.4th 81, 86.)

This matter was initially heard on 9/29/22.  the Court continued the hearing to allow Judgment Debtor the opportunity to submit additional evidence to support his claim.

The Minute Order (ROA 84) stated the following in relevant part: 

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 Debtor did not file anything further. 

The Court therefore finds that Judgment Debtor failed to meet his burden of proof to show that he is entitled to an exemption.