Judge: Michael E. Whitaker, Case: 21SMCP00454, Date: 2023-12-07 Tentative Ruling

Case Number: 21SMCP00454    Hearing Date: December 7, 2023    Dept: 207

TENTATIVE RULING

BACKGROUND

On September 30, 2021, Plaintiff Swift Financial, LLC as servicing agent for WebBank (“Plaintiff”) moved for an order to confirm a February 19, 2020 arbitration award, stemming from a March 20, 2019 contract signed by Defendant Jeffrey Taraday (“Jeffrey”), as guarantor and on behalf of Defendant Wellness Program Services, LLC d/b/a Trusii International (“Wellness”) (together, “Defendants”), whereby Plaintiff loaned Wellness $100,000.  The arbitrator awarded Plaintiff $79,405.92.  On November 22, 2021, the Court entered judgment against Defendants in the amount of $71,944.24.  (Schlecter Decl. ¶ 3.)

Plaintiff now moves for an order permitting an earnings withholding order against Ariella S. Taraday (“Ariella”), who Plaintiff contends is Judgment debtor Jeffrey Taraday’s spouse.  The motion is unopposed.

ANALYSIS

            Community property is subject to attachment only if it would be subject to enforcement of the judgment obtained in the action in which an attachment is sought.  (Code Civ. Proc., § 487.010, subd. (d).) 

In support of the motion, Plaintiff has provided property records for a residence on Huron Avenue in Culver City, indicating that Jeffrey and Ariella took title as “Husband and Wife” on April 27, 2020.  The property records also indicate Ariel Wienir and Jeffrey Wienir took title to the property as wife and husband on September 27, 2014.  (Ex. A to Schlecter Decl.)

            Plaintiff has also provided screenshots of social media accounts for an Ariel Shukert, who Plaintiff claims is Ariella, Jeffrey’s wife; for a “Jeff Taraday (Wienir),” showing a man and a woman together in the profile picture; and an announcement for the July 9, 2020 birth of a daughter.  (Ex. B to Schlecter Decl.)

            The proof of service indicates that Plaintiff served both Jeffrey and Ariella at the Huron Avenue address.

            Although the property records create some inference that Jeffrey and Ariella were married when they jointly took title to the Huron Avenue property in April 2020, the Court does not have sufficient, competent evidence to determine that Jeffrey and Ariella were actually married, that they were married in 2019 when Jeffrey incurred the debt in question, or that the Ariel Shukert who works in Santa Monica is the same as Ariella Taraday.

CONCLUSION AND ORDER

Therefore, the Court lacks sufficient evidence to garnish the wages of Ariella Taraday and/or Ariel Shukert at this time.  As such, the Court denies without prejudice Plaintiff’s motion for an earning withholdings order against Ariella S. Taraday/Ariel Shukert.

DATED:  December 7, 2023                                                  ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court