Judge: Lee W. Tsao, Case: 22NWCV00173, Date: 2023-03-22 Tentative Ruling

Case Number: 22NWCV00173    Hearing Date: March 22, 2023    Dept: SEC

GOMEZ LAW, APC v. DRAPER

CASE NO.:  22NWCV00173

HEARING:  3/22/23 @ 1:30 PM

#7

TENTATIVE RULING

The court will hear from Judgment Debtor.

A Judgment was entered against Defendant Draper on July 12, 2022, for $36,809.44.  Judgment Creditor seeks to enforce the judgment.

Judgment Debtor Claudia Draper filed a Claim of Exemption.

(a) 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.  (b) At a hearing under this section, the exemption claimant has the burden of proof.  (c) 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. If not satisfied, the court shall order the hearing continued for the production of other evidence, oral or documentary.  (d) At the conclusion of the hearing, the court shall determine by order whether or not the property is exempt in whole or in part. Subject to Section 703.600, the order is determinative of the right of the judgment creditor to apply the property to the satisfaction of the judgment. No findings are required in a proceeding under this section.  (e) The court clerk shall promptly transmit a certified copy of the order to the levying officer. Subject to Section 703.610, the levying officer shall, in compliance with the order, release the property or apply the property to the satisfaction of the money judgment.  (f) Unless otherwise ordered by the court, if an exemption is not determined within the time provided by Section 703.570, the property claimed to be exempt shall be released.  (CCP § 703.580.)

Judgment Debtor claims exemption under CCP § 704.070, 706.50 and 706.51 for earnings, but this levy is a bank levy and not an earnings withholding order.

Judgment Debtor has filed a Financial Statement indicating a gross monthly income of $7,868 and net income of $5,982.44. 

Defendant states that her Bank of America account was debited $12,759 and claims she needs this money for support.  However, she makes more than her expenses, and therefore does not need the $12,759.  Dendant had the money for more than 30 days.  (Ex. B.)

Defendant claims she is paying monthly rent of $2,442 per month, but apartments in this building are rented for $1,038-$1,763 per month. (Ex. C.)

Defendant claims she is paying $861.75 for a Mercedes Benz, but she did not declare that she owns this vehicle.  (Ex. B.)

As it is Judgment Debtor’s burden, the court will hear from Judgment Debtor why the court should not levy Judgment Debtor’s bank account in the sum of $12,759.00 plus $200 (entertainment) plus $120 (clothing) plus $1,404 (excess rent).