Judge: Mark E. Windham, Case: LAM13K11944, Date: 2023-05-23 Tentative Ruling

Case Number: LAM13K11944    Hearing Date: May 23, 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 GRANTED.

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. The Motion came for hearing on February 21, 2023 and was continued to allow Plaintiff to file supplemental evidence. Plaintiff filed a supplemental declaration on April 27, 2023. 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.) The initial evidence of this marriage was a wedding website and a picture of Judgment Debtor and Leonard’s wedding. (Ibid.) The Court ruled that this did not demonstrate that Judgment Debtor and Leonard are legally married, only that a wedding ceremony took place. (Minute Order, 02/21/23.) In the supplemental declaration, Plaintiff provides a business filing in which Leonard used the name Katherine Anne Awad, whereas previously she used the Katherine Anne Leonard, suggesting she took Judgment Debtor’s last name. (Motion, Supp. Murray Decl., Exh. 1.) Plaintiff also provides more evidence of that Judgment Debtor and Leonard had their wedding in 2021. (Id. at Exh. 2.) The Court finds this provides circumstantial evidence that Leonard is legally married to Judgment Debtor, especially given their continued lack of opposition to the motion.

The Court previously found Judgment Creditor 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.)

Conclusion

Therefore, Judgment Creditor American Contractors Indemnity Company’s Motion for Order Garnishing the Wages of Judgment Debtor’s Spouse is GRANTED.

Moving party to give notice.