Judge: Richard S. Whitney, Case: 37-2015-00041467-CL-BC-CTL, Date: 2023-11-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 21, 2023

11/22/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Limited  Breach of Contract/Warranty Opposition to Claim of Exemption - Wage Garnishment (Civil) 37-2015-00041467-CL-BC-CTL A-L FINANCIAL CORPORATION VS. CONTRERAS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: Judgment Debtor's Claim of Exemption is GRANTED.

Under CCP section 703.580, 'the exemption claimant has the burden of proof.' (Code Civ. Proc., § 703.580(b).) Judgment Debtor's financial statement indicates that Judgment Debtor has $4,303.64 in monthly income and $4,995 in monthly expenses. Judgment Creditor A-L Financial Corporation disputes that $100 for clothing, $100 for laundry and cleaning, and $50 for entertainment are reasonable.

Judgment Creditor A-L Financial Corporation also asserts, without any citation to authority, the car payment (of $460) does not take priority over the judgment in this case.

The Court disagrees $100 for clothing is unreasonable given that Judgment Debtor has three minor children and a mother to support. Even if this Court were to accept all of Judgment Creditor A-L Financial Corporation's other arguments, Judgment Debtor's financial statement indicates Judgment Debtor would still not have enough excess funds to contribute towards the judgment. The difference between Judgment Debtor's monthly income and monthly expenses is $691.36 ($4,995 minus $4,303.64). The total expenses for the car payment, laundry and cleaning, and entertainment is $610 ($460 plus $100, plus $50). The Court finds the car payment amount is reasonable. Judgment Debtor's Claim of Exemption is GRANTED.

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