Judge: Nathan R. Scott, Case: Bank of America v. Rodriguez, Date: 2022-08-19 Tentative Ruling

Claimant Carlen M. Rodriguez’s claim of exemption is granted.  (See Code Civ. Proc., §§ 703.520, 708.530, 703.580; Kono v. Meeker (2011) 196 Cal.App.4th 81, 86; see also Ahart, et al., Cal. Practice Guide: Enforcement of Judgments and Debts (The Rutter Group 2022) ¶¶ 6:906,  6:1179.)

Even if the court disallows the unexplained $36.99, $107.22, and $31.55 earning withholdings, claimant’s net monthly income is $3,775.59 ($3,933.59 gross income minus $158.15 federal/state tax withholdings).

And even if the court disallows the $800 transportation expenses and the $530 utility expenses as unsubstantiated or unreasonable, claimant’s monthly family expenses are still $3,822.59.

Thus, her reasonable monthly expenses ($3,822.59) exceed her net income ($3,775.59).

The clerk shall give notice.