2012-00116592-CL-CL

Cach LLC vs. Steve Granite

Nature of Proceeding: Motion for Reconsideration

Filed By: Granite, Steve

Judgment Debtor’s motion for reconsideration or in the alternative to set aside the
order due to inadvertence, surprise, mistake or excusable neglect (CCP section 473
(b)) is UNOPPOSED and is GRANTED.

Judgment Debtor moves for reconsideration of this Court’s October 17, 2013 order
denying his claim of exemption (bank levy). In the Order, the Court indicated that the
claim of exemption “is DENIED unless the judgment debtor presents at the hearing
documentary evidence which establishes that the bank funds levied upon are exempt
under California law (Code of Civ. Proc. section 704.080(e)(4).” The Court also
directed Judgment Creditor’s counsel to advise Judgment Debtor of the tentative ruling
system.

According to Judgment Debtor, he was not advised of the tentative ruling system.
Thus, he appeared at the hearing without having called for one. At the hearing, the
Court declined to hear the matter because Judgment Creditor’s counsel did not
appear. Judgment Debtor states that he brought documentary evidence
demonstrating that the amounts levied were from social security benefits.

Judgment Debtor submits his declaration and a redacted copy of his August bank
statement. His declaration states that on August 30, 2013, $511 and $75 in levy fees
were levied from his checking account. His saving account, into which his social
security is directly deposited was not levied.

He states that the source of all funds levied were funds direct deposited under Social
Security’s CEPS program for Janice Christensen. Judgment Debtor is Janice
Christensen’s caregiver, and the $650 in Social Security benefits is used to pay her
household expenses, including groceries, utilities, and other expenses necessary for
her care.

The bank account records show funds deposited that are from social security as well
as other funds.

Given the above, the motion for reconsideration is GRANTED. The claim of exemption
is GRANTED.

Pursuant to Code of Civil Procedure §703.580, the sheriff is directed to immediately
release to the judgment debtor any and all monies held. If the sheriff has already
disbursed the funds to Cache, Cache is directed to immediately release to the
judgment debtor any and all monies held.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.

The Clerk is directed to mail a certified copy of this order to the Sacramento
County Sheriff, Civil Bureau and the parties.