Judge: Mark H. Epstein, Case: 23SMCP00185, Date: 2023-12-13 Tentative Ruling
Case Number: 23SMCP00185 Hearing Date: January 31, 2024 Dept: I
On December 13, 2023, the court continued this matter to
allow defendant to explain the exemption because the math did not seem to
support the papers. However, the court
is not aware that anything has been filed.
The court must therefore rule in Zions Bank’s favor. The bank had previously indicated that it
would accept garnishment of $800/month.
Accordingly, the claim of exemption is DENIED, but the garnishment is
limited to $800/month. Plaintiff to
prepare the order and submit it within 10 court days. Plaintiff should send the proposed order to
defendant within 5 court days and file a declaration stating either that the
defense has approved it as to form or that defendant has made no comment or
that defendant opposes the order as to form.
If defendant opposes the order, defendant should submit the reasons why.