Judge: Michael E. Whitaker, Case: 23SMCV02295, Date: 2024-08-13 Tentative Ruling

Case Number: 23SMCV02295    Hearing Date: August 13, 2024    Dept: 207

TENTATIVE RULING

MOTION

Non-party Christin Adamian (“Claimant”) has filed a Claim of Exemption, seeking to exempt funds in her Bank of America account from wage garnishment to enforce Plaintiff Judith Wurmbrand’s judgment, on the grounds that the funds are Claimant’s separate property and not the community property of her former spouse, Defendant Arutyun Adamian (“Defendant”).  Plaintiff opposes the claim of exemption.

ANALYSIS

Code of Civil Procedure section 703.110 provides:

If the judgment debtor is married:

(a) The exemptions provided by this chapter or by any other statute apply to all property that is subject to enforcement of a money judgment, including the interest of the spouse of the judgment debtor in community property. The fact that one or both spouses are judgment debtors under the judgment or that property sought to be applied to the satisfaction of the judgment is separate or community does not increase or reduce the number or amount of the exemptions. Where the property exempt under a particular exemption is limited to a specified maximum dollar amount, unless the exemption provision specifically provides otherwise, the two spouses together are entitled to one exemption limited to the specified maximum dollar amount, whether one or both of the spouses are judgment debtors under the judgment and whether the property sought to be applied to the satisfaction of the judgment is separate or community.

(b) If an exemption is required by statute to be applied first to property not before the court and then to property before the court, the application of the exemption to property not before the court shall be made to the community property and separate property of both spouses, whether or not such property is subject to enforcement of the money judgment.

(c) If the same exemption is claimed by the judgment debtor and the spouse of the judgment debtor for different property, and the property claimed by one spouse, but not both, is exempt, the exemption shall be applied as the spouses agree. If the spouses are unable to agree, the exemption shall be applied as directed by the court in its discretion.       

            Here, Claimant contends the funds in the Bank of America account are exempt because they are her separate property and they are not the community property of her former spouse, Defendant. 

Plaintiff opposes the claim on the grounds that there is no record of Claimant divorcing Defendant.  In support Plaintiff has provided search results for family law cases involving Claimant, which produced no results.  (Exhibit 1.) 

Plaintiff also provided a TLO Comprehensive Report results, demonstrating that Claimant and Defendant both still live at the same address, where they have lived together since July 18, 2014, including when the debt was incurred in February 2018, and as such, they do not appear to be legally separated either.  (Exhibit 2.)  The Court notes that Claimant used an  address on the claim of exemption form at which Plaintiff served Defendant in this action.

Plaintiff further provides Defendant’s Bankruptcy Petition, filed June 19, 2024, in which Defendant claims the $45,307.81 in Bank of America funds being held by the Sheriff’s Department are his separate property, not Claimant’s.

Therefore, Plaintiff has demonstrated that Claimant and Defendant were and remain married at all relevant times, and as such, the Bank of America funds at issue is Defendant’s community property, and Claimant has not provided any evidence in reply.

CONCLUSION AND ORDER

For the reasons stated, the Court denies Claimant’s claim of exemption.  

The Clerk of the Court shall provide notice of the Court’s ruling and file a proof of service regarding the same. 

DATED:  August 13, 2024                                                     ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court