Case Number: KC051243 Hearing Date: June 16, 2016 Dept: J

Re: Carmen Salcido v. Sharma Developments, Inc., etc., et al. (KC051243)

MOTION FOR ORDER AUTHORIZING ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST JUDGMENT DEBTOR’S SPOUSE

Moving Party: Plaintiff/Judgment Creditor Carmen Salcido

Respondent: No timely opposition filed

POS: Moving OK

Plaintiff/Judgment Creditor Carmen Salcido obtained a judgment against defendants Sharma Developments, Inc. and Sanjesh Sharma for $240,000.00 pursuant to a stipulation. The judgment was entered on 12/29/08.

Judgment Creditor Carmen Salcido moves pursuant to CCP § 706.109 and Fam C §§ 760 and 910(a) for an order directing the employer of Aracely Sharma, spouse of Judgment Debtor Sanjesh Sharma, upon service of garnishment levy upon said employer to withhold the earnings of said spouse and pay them over to the Judgment Creditor, to the extent necessary to fully pay and satisfy the judgment with all accrued interest.

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. (CCP § 706.109.)

A judgment against either spouse is enforceable against the community property assets of both parties to the extent provided in Fam C § 900 et seq. (CCP § 695.020.) The community property interests of both the debtor and non-debtor spouse generally are liable for debts incurred by either spouse before or during the marriage and prior to separation, regardless of whether the debts are based on contract, tort or otherwise. (Fam C §§ 902, 910.) A party’s earnings during marriage or a registered domestic partnership are community property. (See Fam C § 297.5, 760; Marriage of Harrison (1986) 179 Cal.App.3d 1216, 1226.) However, the non-debtor’s earnings are not liable for a debt incurred before the marriage/domestic partnership if those earnings are held in a deposit account standing only in the non-debtor’s name and are not commingled with other community property except for “property insignificant in amount.” (Fam C § 911.)

The Judgment Creditor submits evidence that the amount of the judgment due as of May 20, 2016 is $398,872.16, and that the debt was incurred during the marriage of Aracely Sharma and the Judgment Debtor. (Blum Decl. ¶¶ 8-10, Exhs. F-H.) No timely opposition has been filed. The motion is granted.