2008-00024735-CL-CL

ACA Receivables Co LLC vs. Damon G Kendrix

Nature of Proceeding: Motion for an Earnings Withholding Order

Filed By: Love, Franklin J.

Plaintiff Credilogical Systems, LLC, (“Plaintiff”) as assignee of Judgment Creditor ACA
Receivables Co., LLC, moves for an earnings withholding order against Denise
Kendrix, Spouse of Judgment Debtor Damon Kendrix. No opposition to the motion
was filed. However, Credilogical’s motion for an earnings withholding order is
DENIED.

Plaintiff’s memorandum of points and authorities states that “the attached declaration
demonstrates the debt for the within judgment was incurred during the marriage of the
parties, and thus the earnings of the spouse are liable for the debt upon which this
judgment is based upon.” (Pl.’s Ps & As at 3.) However, the declaration of attorney
Franklin J. Love (“Love Decl.”) attaches documents demonstrating that Denise Kendrix
and Judgment Debtor Damon Kendrix were “husband and wife” in May of 2005, but
there is no representation as to when the debt arose. As a result, the Court cannot
discern whether the debt was incurred prior to the marriage such that the earnings of
the Judgment Debtor’s spouse are subject to garnishment. (Fam. Code §§ 910-11.)
Further, as a prerequisite to applying for the earnings withholding order, a judgment
creditor must have obtained the issuance of a writ of execution to the county where the
order is to be served. (Code Civ. Proc. § 706.102.) Code of Civil Procedure §
706.102, addressing Applications for Earnings Withholding Orders, requires that a writ
of execution be issued “to the county where the judgment debtor’s employer is to be
served . . . ,” and neither Plaintiff’s moving papers nor the supporting declaration
address whether a writ of execution has been issued in the county where the relevant
employer is to be served. (Code Civ. Proc. § 706.102; Code Civ. Proc. § 699.510 (“A
separate writ shall be issued for each county where a levy is to be made.”).)
Accordingly, the motion is DENIED.

The notice of hearing does not provide notice of the Court’s tentative ruling system, as
required by California Rule of Court 3.1308 and Local Rule 1.06(D). Moving party is
directed to contact non-moving party forthwith and advise of Local Rule 1.06(D) and
the Court’s tentative ruling procedure. If moving party is unable to contact non-moving
party prior to hearing, moving party shall be available at the hearing, in person or by
telephone, in the event non-moving party appears without following the procedures set
forth in Local Rule 1.06(B).

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. § 1019.5; California Rule of Court 3.1312.)