Judge: Mark E. Windham, Case: LAM14K08371, Date: 2023-04-18 Tentative Ruling

Case Number: LAM14K08371    Hearing Date: April 18, 2023    Dept: 26

 ACIC v. Merida, 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 JUNE 20, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 30, 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.

ANALYSIS:

Plaintiff American Contractors Indemnity Company (“Judgment Creditor”) filed the instant action for breach of contract against Defendant Augusto Merida aka Cesar Augusto Merida (“Judgment Debtor”) on June 25, 2014. On March 2, 2015, default judgment was entered in favor Judgment Creditor and against Judgment Debtor. Judgment Creditor filed the instant motion for an order to garnish Judgment Debtor’s spouse’s wages on January 12, 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 Carmen Merida (“Carmen Merida”). (Motion, Murray Decl., ¶15.) However, no evidence of this marriage is included with the motion. (Ibid.) Judgment Creditor has attempted to levy Carmen Merida’s bank accounts and serve her with a deposition subpoena for business records, to which no objection was made. (Id. at ¶¶9-12 and Exhs. 5-6.) Judgment Creditor has also demonstrated that it has been unable to collect any significant amount towards the judgment and that Carmen Merida is employed by Best Deal Furniture Corporation. (Id. at ¶8 and Exh. 2.) However, Judgment Creditor must provide evidence to the Court that Judgment Debtor and Carmen Merida 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 JUNE 20, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 30, 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.