Judge: Mark E. Windham, Case: LAM17K08306, Date: 2023-03-14 Tentative Ruling

Case Number: LAM17K08306    Hearing Date: March 14, 2023    Dept: 26

ACIC v. Dabbs, 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 Corporation (“Judgment Creditor”) filed the instant action for breach of contract against Defendant Randall Edward Dabbs (“Judgment Debtor”) on July 5, 2017. On May 7, 2018, 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 3, 2022. The Motion came for hearing on February 15, 2023, at which time Lisa Michelle Dabbs, Judgment Debtor’s spouse appeared. (Minute Order, 02/15/23.) The Court continued the hearing to March 14, 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).)

Plaintiff presents an interspousal transfer grant deed and public Westlaw records showing that Judgment Debtor is married to Lisa Michelle Dabbs (“Lisa Michelle Dabbs”). (Motion, Murray Decl., ¶12 and Exhs. 5-7.) Lisa Michelle Dabbs is employed by East Whittier City School District as president of the Board of Education. (Id. at Exh. 8.) Judgment Creditor has been unable to collect any part of the judgment from Judgment Debtor, despite its diligent efforts, which include recording liens, suspending all contractors licenses associated with Judgment Debtor and internal investigations into Judgment Debtor’s potential assets. (Id. at ¶¶7-11 and Exhs. 1-4.)

At the hearing, Lisa Michelle Dabbs argued a lack of notice regarding the request to garnish wages. However, the proof of service attached to the Motion indicates that Judgment Debtor and Lisa Michelle Dabbs were separately given notice of the Motion and hearing date by mail. (Motion, Proof of Service.) Lisa Michelle Dabbs has not filed any papers with the Court attesting to the lack of notice as set forth in the proof of service, or demonstrating that any other form of notice is required by law.

Based on the foregoing, the Court finds Judgment Creditor is entitled to a court order garnishing the wages of Lisa Michelle Dabbs.

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.