Judge: Mark E. Windham, Case: LAM13K11944, Date: 2023-02-21 Tentative Ruling

Case Number: LAM13K11944    Hearing Date: February 21, 2023    Dept: 26

ACIC v. Awad, et al.

MOTION FOR WAGE GARNISHMENT ORDER

AGAINST JUDGMENT DEBTOR’S SPOUSE

(CCP § 706.120 et seq.)

TENTATIVE RULING:

Judgment Creditor American Contractors Indemnity Company’s Motion for Order Garnishing the Wages of Judgment Debtor’s Spouse is CONTINUED TO MAY 23, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 1, 2023, JUDGMENT CREDITOR IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION ADDRESSING THE DEFECTS NOTED HEREIN. FAIULRE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

ANALYSIS:

Plaintiff American Contractors Indemnity Company (“Judgment Creditor”) filed the instant action for breach of contract against Defendant Mark Award (“Judgment Debtor”) on August 23, 2013. On August 12, 2014, default judgment was entered in favor Judgment Creditor and against Judgment Debtor. Judgment Creditor filed the instant Motion For Order to Garnish the Judgment Debtor’s Spouse’s Wages on November 9, 2022. To date, no opposition has been filed.

Discussion

“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 Katherine Leonard aka Katie Leonard aka Katherine Awad aka Katie Awad (“Leonard”). (Motion, Murray Decl., ¶10 and Exh. 3.) However, the only evidence of this marriage is a wedding website and a picture of Judgment Debtor and Leonard’s wedding. (Ibid.) This does not demonstrate that Judgment Debtor and Leonard are legally married, only that a wedding ceremony took place. Judgment Creditor has demonstrated that Leonard is employed by Central Valley Iron, Inc., as she signed the Employer’s Return when Judgment Creditor sought to garnish Judgment Debtor’s wages from the company. (Id. at ¶8 and Exh. 2.) However, Judgment Creditor must provide evidence that Judgment Debtor and Leonard are legally married.

Conclusion

Judgment Creditor American Contractors Indemnity Company’s Motion for Order Garnishing the Wages of Judgment Debtor’s Spouse is CONTINUED TO MAY 23, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 1, 2023, JUDGMENT CREDITOR IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION ADDRESSING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

Court clerk to give notice.