Judge: Nathan R. Scott, Case: "Banleaco, Inc. vs. Lovell", Date: 2022-09-30 Tentative Ruling

Judgment Debtor Terek Lovell’s claim of exemption is granted in part. (See Code Civ. Proc. § 704.220.)

$1,825 of the funds in judgment debtor’s Chase bank account are exempt from levy as a matter of law.  (See Code Civ. Proc., § 704.220.)

Judgment debtor failed to meet his burden to show any other exemptions.  (See Code Civ. Proc. § 703.580, subd.  (b).) 

He did not trace the account balance to any exempt source, such as Social Security benefits or a retirement program.  (See Code Civ. Proc., §§ 704.080(c), 704.110, 704.115.) 

He also did not provide sufficient evidence to show his basic standard of adequate care is more than the statutory minimum.  (See Code Civ. Proc., § 704.220.)

As the judgment creditor is seeking to levy upon a bank account, other statutory exemptions asserted by judgment creditor are inapplicable.  (See Code Civ. Proc., §§ 704.010 [vehicle equity], 704.020 [household furnishings], 704.060 [personal property for a trade].)

Judgment creditor shall give notice.