Judge: Michael D. Washington, Case: 37-2023-00053006-CU-BC-NC, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - June 27, 2024

06/28/2024  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

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Civil - Unlimited  Breach of Contract/Warranty Opposition to Claim of Exemption - Levy (Civil) 37-2023-00053006-CU-BC-NC COSEO FAMILY THREE LLC V. BARTON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Claim of Exemption - Notice of Opposition, 06/10/2024

The Claim of Exemption brought by judgment debtor Kevin Barton (the Judgment Debtor) is DENIED.

The parties appear to agree that the collection effort is a bank levy – not a wage garnishment. The Financial Disclosure form provided by the Judgment Debtor indicates that he has no minor children, is separated and lives apart from his wife (who has her own income), and makes a monthly income of $15,417.00. The Financial Disclosure form only identifies three bank accounts – each of which have under $200.00 and which together have a combined total of $411.00. The Sheriff does not appear to be holding any funds that have been levied. In any event, the Judgment Debtor has not established that the amount to be levied would violate any federal or state law and has not established that such a levy of his bank accounts would impose a hardship in terms of meeting his basic living necessities.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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