Judge Lee S. Arian, Case Number: 20STCV21526, Date: 2024-05-21 Tentative Ruling

Judge: Lee S. Arian, Case: 20STCV21526, Date: 2024-05-21 Tentative Ruling

Case Number: 20STCV21526 Hearing Date: May 21, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

Claim of Exemption

Hearing Date: 5/21/24

CASE NO./NAME: 20STCV21526 ADAM COULTER vs STEFANIE AFTON WALL

Moving Party: Plaintiff

Responding Party: Judgment Creditor Melissa Buchman

Notice: Sufficient

Ruling: Claim of Exemption is Continued

Legal Standard

At a hearing on a claim of exemption, “the [judgment debtor] has the burden of proof” in demonstrating that the property claimed exempt is indeed exempt. (Code Civ. Proc., §§ 703.520, subd. (b), 703.580, subds. (b), (c).) In meeting this burden, the judgment debtor must establish the right by evidence or facts; an affidavit which merely follows the language of the statute and states nothing more than conclusions of law is insufficient.¿(Le Font v.¿Rankin¿(1959)¿167¿Cal.App.2d 433, 435.¿Generally, "common necessaries of life" means essentials commonly required by all persons for the sustenance of life, whatever their employment status and includes medical care. (J. J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18-19).¿¿

“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. Upon the filing of the copies of the notice of opposition and notice of motion, the levying officer shall promptly file the claim of exemption with the court.” (Code Civ. Proc., § 703.550.)¿

Discussion

As a preliminary matter, the Judgment Creditor’s proof of service for her opposition does not indicate that she complied with Code of Civil Procedure section 703.550, which requires her to file with the levying officer a copy of the notice of opposition and notice of motion. There was no evidence the notice of motion and notice of opposition were served on the levying officer.

Additionally, the Court does not have complete information for the Court to rule on this hearing because the claim of exemption itself is missing. The Court cannot rely on the Judgment Creditor’s opposition alone. The Court cannot assess the claim without the actual claim.¿

Finally, Judgment Creditor only filed a notice of hearing and notice of opposition, but no supporting motion for an order determining the claim of exemption was filed.

Conclusion

The Court continues the hearing so that the Judgment Creditor can address these defects.

Judgment Creditor is ordered to give notice.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.