Case Number: GC043008    Hearing Date: November 07, 2014    Dept: A

City National Bank v Media Island Post Production

MOTION TO GARNISH WAGES OF SPOUSE

Calendar: 19
Case No: GC043088
Date: 11/7/14

MP: Plaintiff/Judgment Creditor, City National Bank
RP: Kaley Moore, spouse of Defendant/Judgment Debtor, David Moore

RELIEF REQUESTED:
Order permitting the Judgment Creditor to obtain an earnings withholding order on the community property earnings of Kaley Moore.

DISCUSSION:
This case arose from the Plaintiff’s claim that the Defendant, Media Island Post Production, did not repay a loan. The Defendant, David Moore, breached an agreement to guarantee the performance of Media Island Post Production.
The case was resolved through a default judgment after the Defendants did not respond to the service of summons. The Court entered the judgment of $56,503.76 on February 8, 2010 in favor of the Plaintiff and against the Defendants.

This hearing concerns the Plaintiff’s attempt to enforce the judgment with an order permitting it to seek an earnings withholding order on the wages of Kaley Moore, said to be the spouse of Defendant, David Moore. Under CCP section 695.020, community property is subject to enforcement of a money judgment. CCP section 706.109 states that an earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by Court order upon noticed motion.

The Plaintiff offers facts in the declaration of its counsel, George Gost. Mr. Gost states in paragraph 6 that Kaley Moore is the spouse of David Moore. Mr. Gost offers no facts to demonstrate that he has personal knowledge that Kaley Moore was or continues to be the spouse of David Moore. Mr. Gost offers no facts to identify the manner in which he obtained this information.
Further, Mr. Gost states in paragraph 7 that Kaley Moore is employed at Cancer Support Community Valley. Mr. Gost offers no facts to demonstrate that he has personal knowledge of Kaley Moore’s employment status or place of employment. Mr. Gost offers no facts to identify the manner in which he obtained this information.

Finally, Mr. Gost states in paragraph 5 that the Plaintiff has been unable to recover on the judgment due to the Judgement Debtor’s lack of cooperation and evasiveness. Mr. Gost does not offer any facts to demonstrate that the Plaintiff has attempted to use the numerous procedures that California law provides for judgment creditors, e.g., a judgment debtor examination enforced by a bench warrants if the Defendant fails to appear or an earnings withhold order on the Defendant’s wages.
The Court file indicates that there was a solitary hearing set on a judgment debtor examination for May 26, 2010, but that it was taken off calendar because no party appeared at the hearing. Mr. Gost offers no explanation for the failure to appear or for the failure to seek a bench warrant to enforce the order to appear for examination.
A review of the Court file reveals that the Plaintiff sought no relief from the Court in its effort to collect on the judgment for four years, until it filed a writ of execution and the pending motion in July and August of 2014.

Therefore, the Court will deny the Plaintiff’s motion because the Plaintiff did not support its motion with admissible evidence to demonstrate that the third party, Kaley Moore, is a spouse of the Defendant, David Moore, that she is employed, or the place of her employment.

RULING:
Deny motion.