Judge: Robert B. Broadbelt, Case: 20STCV25965, Date: 2022-12-06 Tentative Ruling
Case Number: 20STCV25965 Hearing Date: December 6, 2022 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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20STCV25965 |
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Hearing
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December
6, 2022 |
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[Tentative]
Order RE: claim of exemption |
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CLAIMANT: Judgment Debtor Seth
Sundberg
OPPOSING PARTY: Judgment Creditor The National
Collection Agency, Inc.
Claim of Exemption
DISCUSSION
Plaintiff The National Collection Agency, Inc. (“Judgment Creditor”)
filed this action against defendants Seth Sundberg (“Sundberg”) and Prison
Bars, Inc. (“Prison Bars”) on July 19, 2020.
Default was entered against Sundberg and Prison Bars on September 8,
2020. Pursuant to the oral stipulation
of Judgment Creditor and Sundberg, the default entered against Sundberg was set
aside. On January 19, 2022, the court
concurrently conducted the nonjury trial as to Judgment Creditor’s complaint
against Sundberg and the default prove-up hearing as to Prison Bars, finding in
favor of Judgment Creditor on its cause of action for breach of contract. On March 3, 2022, judgment was entered in
favor of Judgment Creditor and against Sundberg and Prison Bars in the total amount
of $54,870.55, consisting of $44,421.36 in damages, $8,515.29 in interest, and
$1,933.90 in costs.
On August 11, 2022, the court
ordered that Judgment Creditor shall also recover $10,912.50 in attorney’s fees
from Sundberg.
On
November 7, 2022, Judgment Creditor filed two documents with the court: (1)
Notice of Hearing on Claim of Exemption (Wage Garnishment—Enforcement of
Judgment) on Judicial Council form WG-010/EJ-175, and (2) Notice of Opposition
to Claim of Exemption (Wage Garnishment) on Judicial Council form WG-009. Both documents were served on Sundberg and
the Los Angeles County Sheriff. (Notice
of Hearing, WG-010/EJ-175, p. 2.)
“[P]roperty
that has been levied upon may be claimed to be exempt….” (Code Civ. Proc., § 703.510, subd. (a).) Within 15 days after service of a notice of
claim of exemption, a judgment creditor opposing the exemption “shall file with
the court a notice of opposition to the claim of exemption and a notice of
motion for order determining the claim of exemption and shall file with the
levying officer a copy of the notice of opposition and a copy of the notice of
motion.” (Code Civ. Proc.,
§ 703.550, subd. (a).) Once a
judgment creditor files those documents, “the levying officer shall promptly
file the claim of exemption with the court.”
(Ibid.) The court, at the
conclusion of the hearing on the claim of exemption, “shall determine by order
whether or not the property is exempt in whole or in part.” (Code Civ. Proc., § 703.580, subd.
(d).) The court, “if satisfied that
sufficient facts are shown by the claim of exemption (including the financial
statement if one is required) and the notice of opposition, may make its
determination thereon.” (Code Civ.
Proc., § 703.580, subd. (c).)
In
order to make a determination on the claim of exemption, the court must receive
both the notice of opposition and the claim of exemption in evidence. (Code Civ. Proc., § 703.580, subd. (c).)
Because the court has not received a
copy of Sundberg’s claim of exemption, the court cannot make a determination
under Code of Civil Procedure section 703.580 as to whether the claimed
property is exempt in whole or in part.
(Ibid.) The court therefore
finds good cause to continue the hearing on the claim of exemption to allow
Judgment Creditor an opportunity to file the challenged claim of exemption with
the court. (Code Civ. Proc.,
§ 703.570, subd. (a) [“The hearing on the motion shall be held not later
than 30 days from the date the notice of motion was filed with the court unless
continued by the court for good cause”].)
ORDER
The court orders that
the hearing on the Claim of Exemption/Third-Party Claim is continued to January
12, 2023, at 10:00 a.m., in Department 53.
The court orders plaintiff and judgment creditor The National
Collection Agency, Inc. to file the claim of exemption with the court no later than
December 30, 2022.
The court orders plaintiff and judgment creditor The National
Collection Agency, Inc. to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court