2016-00191986-CL-CL

Asset Capital Recovery Group, LLC vs. Tatinder Kaur

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Kenosian, John P.

Judgment debtor’s claim of exemption is GRANTED IN FULL because judgment creditor’s Notice of Hearing/Opposition to the claim of exemption is DROPPED due to defective service of notice.

Service of Notice of Hearing/Opposition by mail on 2/6/2018 for a hearing on 3/6/2018 does not give 16 court days plus five (5) calendar days notice as required by Code of Civil Procedure 706.105(e) and §1005(b) since 2/12/2018 (President Lincoln’s Birthday) and 2/19/2018 (President Washington’s Birthday) were court holidays. (See, Code Civ. Proc. §706.105(e) and §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299, 303.) Defective service of notice of hearing deprives the Court of jurisdiction to consider judgment creditor’s opposition to the claim of exemption. (

Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.)

Because judgment creditor’s Notice of Hearing/Opposition is dropped, judgment debtor’s claim of exemption is effectively unopposed and is granted in full.

Pursuant to the judgment debtor’s agreement, the Sheriff is directed to withhold $50 per pay period, up to $50 per month, from the judgment debtor’s earnings.