Judge: Matthew C. Braner, Case: 37-2022-00029604-CU-PA-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 24, 2023

08/25/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Petition re: Arbitration Award Opposition to Claim of Exemption - Levy (Civil) 37-2022-00029604-CU-PA-CTL SHARIF FAUST LAWYERS LTD VS BURNETT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The court has reviewed the documents submitted by Defendant Yvette Burnett and believes she has made a prima facie claim for an exemption under Code of Civil Procedure section 704.115. The provided bank statement reflects a deposit from Fidelity on March 22, 2023 of just over $7,000 and a close in time levy of $4,752.53 on April 4, 2023. The provided records also establish that Defendant owes more than $7,000 in funeral expenses, which supports her claim that the retirement disbursement was specifically to cover funeral expenses.

Nonetheless, the court has questions for the parties regarding any ongoing and past garnishments to her bank account.

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