Judge Mark E. Windham, Case 17STCP00326 2023-03-21 Tentative Ruling

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Knapp, Petersen & Clarke v. Thomas, et al.

MOTION FOR WAGE GARNISHMENT ORDER

Judgment Creditor Knapp, Petersen & Clarke’s Motion for Order Garnishing the Wages of Judgment Debtor’s Spouse is GRANTED.

Petitioner Creditor Knapp, Petersen & Clarke (“Judgment Creditor”) filed the instant Petition to Confirm Arbitration Award against Respondent Jamie Thomas aka Jamie Zhou aka Jamie Qun Zhou aka Jamie B. Zhou aka Jamie T. Zhou aka Bi Qun Zhou aka Biqun Zhou aka Bi T. Zhou aka Bi Qun Vhou aka Bi Zhou aka Bi Q. Vhou aka Bi Qu-En Zhou aka Jamie Zhoir (“Judgment Debtor”) on December 12, 2017. On April 25, 2018, judgment was entered in favor Judgment Creditor and against Judgment Debtor. The judgment was amended to add costs on June 6, 2018.

Judgment Creditor filed the instant Motion For Order to Garnish the Judgment Debtor’s Spouse’s Wages on February 14, 2023. Joseph Naylor Thomas filed an opposition / response on March 9, 2023 and Judgment Creditor responded on March 14, 2023.

“An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.” (Code Civ. Proc., § 706.109.) Family Code section 903, subdivision (a) provides that in the case of a contract, a debt is incurred “at the time the contract is made” and subdivision (b) provides that in the case of a tort, a debt is incurred “at the time the tort occurs.” (Fam. Code, § 903, subds. (a)-(b).) Family Code section 910, subdivision (a) provides that “[e]xcept as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse had the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.” (Fam. Code, § 910, subd. (a).)

Judgment Creditor presents an interspousal transfer grant deed demonstrating that Judgment Debtor is married to Joseph Naylor Thomas (“Joseph Naylor Thomas”). (Motion, Roza Decl., Exh. C.) Thomas’ opposition / response contends that Thomas and Judgment Debtor separated in August 2016 but does not indicate when they divorced, other than referring the Court to the case number. (Opp., ¶1.) In any event, the debt that gives rise to the judgment in this action accrued in 2015. (Motion, Roza Decl., Exh. B.) The community estate is liable for the judgment under Family Code section 910, subdivision (a).

Joseph Naylor Thomas is a practicing physician at Fresenius Medical Care at Olympia Medical Center and/or Pacifica Emergency Specialist Physicians Medical Group/Pacifica Hospital of the Valley. (Id. at Exh. D.) Judgment Creditor has been unable to collect any part of the judgment from Judgment Debtor and interest continues to accrue at ten percent per annum. (Id. at Exh. E.) Based on the foregoing, Judgment Creditor is entitled to a court order garnishing the wages of Joseph Naylor Thomas.

Judgment Creditor Knapp, Petersen & Clarke’s Motion for Order Garnishing the Wages of Judgment Debtor’s Spouse is GRANTED.