Judge: Layne H. Melzer, Case: 2021-01211193, Date: 2022-09-01 Tentative Ruling

Pltf. Ernest Jacquet

Claim of Exemption - Levy

The court is inclined to GRANT the Claim of Exemption filed by Judgment Debtor/Defendant Darrell Hallett regarding his 2014 Land Rover.

The judgment debtor bears the burden of proof at a hearing on a claim of exemption.  (See Code Civ. Proc. § 703.580(b).)  Based upon the evidence before the Court, Judgment Debtor has met his burden of proof for relief.  While the Claim of Exemption fails to set forth any facts in support of his claim that the subject vehicle should be exempt, Defendant submitted sufficient evidence in Response to the Opposition to establish that the vehicle is reasonably necessary to and actually used by Hallett in the exercise of his trade, business, or profession by which Defendant earns a livelihood.

With that being said, the court has concerns regarding the veracity of Defendant’s financial statement together with his declaration in support of the claim of exemption.  Specifically, Defendant’s declaration states that he needs his vehicle for his two businesses, but in Defendant’s sworn financial statement he states that he has no income, no checking or savings, no real estate equity and no other personal property, while simultaneously incurring monthly expenses of $6,350.  Defendant should come prepared to address these inconsistencies at the hearing.

The Court also notes a recent claim by BOA asserting ownership of the vehicle which claim if substantiated would seem to vitiate Creditor’s enforcement action against the vehicle regardless of the claimed exemption.

The Court will hear from the parties.