2008-00013261-CL-CL

Capital One Bank (USA) NA vs. Jessica A Hamaker

Nature of Proceeding:     Notice of Hearing on Claim of Exemption

Filed By:   Rundquist, Andrew

The claim of exemption is GRANTED in part and DENIED in part.

The Sheriff is directed to garnish $50 per pay period, not to exceed $100 per
month from the Judgment Debtor’s earnings and to return to the Judgment Debtor any
funds it is holding greater than that amount forthwith. The employer may send one
payment of $100 per month to avoid unnecessary administrative expenses. CCP §
706.025.

Judgment Creditor’s Notice of Hearing erroneously indicates that any hearing on the
matter will take place at 2:00PM in Department 53.  This is a Department 54 case, and
any hearing will take place at 9:00AM.  Judgment Creditor is directed to notify
Judgment Debtor forthwith of the correct time and place of any hearing.

In addition, the Notice of Hearing 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).