2013-00145086-CU-CL

National Collegiate Student Loan Trust vs. Alla Chervova

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Kahn, Michael

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 2/12/2018 for a hearing on 3/1/2018 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 Code of Civil Procedure §703.580, the sheriff should immediately release to the judgment debtor any and all monies held.

Judgment creditor’s counsel’s notice of hearing does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for this Court’s Dept. 53/54.