Judge: Mark E. Windham, Case: LAM15K05965, Date: 2022-10-10 Tentative Ruling

Case Number: LAM15K05965    Hearing Date: October 10, 2022    Dept: 26

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.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                      OK

[X] Correct Address (CCP §§ 1013, 1013a)                                      OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                       OK

SUMMARY OF ACTION: Action for breach of indemnity agreement.

REQUEST FOR RELIEF: Judgment Creditor has been unsuccessful in collecting on the judgment despite recording liens, suspending contractor’s licenses and investigations of Judgment Debtor Lusakava Finau’s assets. Judgment Debtor is married to Sharon Finau and Judgment Creditor is entitled to garnish wages from Sharon Finau’s employer, Tesla Motors, Inc.

OPPOSITION: None filed as of October 6, 2022.

REPLY: None filed as of October 6, 2022.

ANALYSIS:

Plaintiff American Contractors Indemnity Corporation (“Judgment Creditor”) filed the instant action for breach of contract against Defendants Mary Finau and Lusakava Finau (“Judgment Debtor Lusakava”) on May 15, 2015. On September 3, 2015, default judgment was entered in favor Judgment Creditor and against Judgment Debtors.

Judgment Creditor filed the instant Motion For Order to Garnish the Judgment Debtor’s Spouse’s Wages on July 7, 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).)

Plaintiff presents Facebook status, photos and posts showing that Judgment Debtor Lusakava is married to Sharon Finau (“Sharon Finau”). (Motion, Murray Decl., ¶8 and Exh. 1.) The joint bank statements of Judgment Debtor Lusakava and Sharon Finau further corroborate their marital status and show that Sharon Finau receives payments from Tesla Motors, Inc. designated as “payroll.” (Id. at ¶9 and Exh. 2.) Judgment Creditor has been unable to collect any part of the judgment from Judgment Debtor Lusakava, despite its diligent efforts. (Id. at ¶¶10-11 and Exhs. 3-4.) Therefore, Judgment Creditor is entitled to a court order garnishing the wages of Sharon Finau.

Conclusion

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.