2013-00138602-CL-CL

BH Financial Services LLC vs. Morris M Martell

Nature of Proceeding:     Notice of Hearing on Claim of Exemption

Filed By:   Miele, Kenneth J.

The claim of exemption is DENIED.

The levy in question is on a bank account, yet the only statutory provisions upon which
Judgment Debtor predicates his claim of exemption deal with homestead exemptions
and the sale of real property.  Accordingly, Judgment Debtor has failed to demonstrate
that he is entitled to the requested exemption.

The notice of motion does not provide notice of the court’s tentative ruling system, as
required by Local Rule 1.06(D).  Counsel for Judgment Creditor is directed to contact
Judgment Debtor forthwith and advise of Local Rule 1.06 and the court’s tentative
ruling procedure.  If counsel for Judgment Creditor is unable to contact Judgment
Debtor prior to hearing, counsel for Judgment Creditor shall be available at the
hearing, in person or by telephone, in the event Judgment Debtor appears without
following the procedures set forth in Local Rule 1.06(B).