Judge Mark E. Windham, Case Number: 21STLC05178, Date: 2024-05-14 Tentative Ruling

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Judgment Creditor Westlake Services, LLC’s Motion Attaching the Wage Earnings and Other Assets of Rotha Valdovinos is CONTINUED TO JULY 16, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 1, 2024, JUDGMENT CREDITOR IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION DEMONSTRATING WHICH EARNINGS/ASSETS ARE TO BE WITHHELD.

Plaintiff American Contractors Indemnity Company (“Judgment Creditor”) filed the instant action for breach of contract against Defendant Cristian Valdovinos Aka Cris Valdovinos

Villalobos Aka Cristian A. Villalobos, Aka Christian Valdovinos Aka Cristian A. Valdovinos

Villalobos (“Judgment Debtor”) and others on March 13, 2013. On Decemebt 14, 2023, default judgment was entered in favor Judgment Creditor and against Judgment Debtor. Judgment Creditor filed the instant Motion Attaching the Wage Earnings and Other Assets of Rotha Valdovinos on March 5, 2024. To date, no opposition has been filed.

“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 contends that Judgment Debtor is married to Rotha Valdovinos (“Rotha”). Motion, Frischer Decl., ¶2 and Exhs. 1-2.) This is supported by copies of a grant deed from the Fresno County Recorder and a property detail report showing a transfer of property to Judgment Debtor and Rotha as husband and wife in October 2023. (Ibid.) The Court finds this evidence demonstrates the spousal relationship between Judgment Debtor and Rotha prior to entry of the judgment in this action, such that an earnings withholding order may be issued against Rotha’s earnings. However, the Motion does not demonstrate that Rotha has earnings or other assets to withhold.