2016-00201036-CL-PT

Antonio Mendez Ruiz vs. Exact Property Solutions

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Genduso, Zachary

This matter was originally set for hearing on 10/30/2018 but was on the court’s own motion continued to 11/28/2018 inter alia to permit the judgment debtor to file with the court and serve on judgment creditor no later than 11/19/2018 the documentary evidence necessary to establish that the bank funds at issue are under California law exempt from levy on the grounds asserted in the claim of exemption. (Code Civ. Proc. §703.080.)

Although the judgment debtor failed to provide the court with any documentary evidence by the 11/19/2018 deadline, judgment creditor requested a continuance to this date since judgment debtor had just retained counsel.

For unknown reasons, judgment creditor did not serve notice of the court’s ruling until 11/13/2018 and did not file proof of service until 11/14/2018, both of which were well after the above-cited deadline.

Despite two continuances of this matter, judgment debtor has for unknown reasons still not provided any documentary evidence which supports the claim that the bank funds at issue are under California law exempt from levy on the grounds asserted in the claim of exemption. (Code Civ. Proc. §703.080.) Moreover, while the claim of exemption suggests judgment debtor is not liable for the underlying judgment, he is identified in the Labor Commissioner’s award not only as one of the partners in a general partnership known as Exact Property Solutions but also as an employer of judgment creditor. Consequently, judgment debtor is liable on the underlying judgment as the employer of judgment creditor but also jointly and severally liable for the debt of the general partnership known as Exact Property Solutions.

Accordingly, the present claim of exemption must be denied and the entire amount levied up to outstanding amount of the judgment shall be promptly forwarded to judgment creditor pursuant to its levy.