2010-00082287-CU-BC

Stewart Title Guaranty vs. Michael Borkowski

Nature of Proceeding: Notice of Hearing on Claim of Exemption (Barbara Borkowski)

Filed By: Robertson, Catherine Schlomann

The claim of exemption for real property levy by judgment debtor Barbara Borkowski is GRANTED in the amount of $87,500.

Mrs. Borkowski claims that $175,000 is exempt under the homestead exemption set forth in CCP 704.730. Her husband, Michael Borkowski, has filed a concurrent claim of exemption also seeking a $175,000 exemption under the Homestead Exemption.

Plaintiff opposes on the ground that under CCP 704.730 the combined homestead exemption for both Michael Borkowski and Barbara Borkowski is $175,000, thus, each is only entitled to a $87,500 homestead exemption.

The Court agrees with Plaintiff. CCP 704.730 provides, in pertinent part,

(a) The amount of the homestead exemption is one of the following:

. . .

(3) One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:

(A) A person 65 years of age or older.

(b) Notwithstanding any other provision of this section, the combined homestead

exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both.

Here, Mr. Borkowski is over 65 years old and owns the home in joint tenancy with Mrs.

Borkowski. Total amount of Mrs. Borkowski’s homestead exemption is $87,500.

Plaintiff shall submit a formal order, which includes instructions for the Sheriff’s office, for the Court’s signature pursuant to CRC Rule 3.1312.

Moving party has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento California 95814. Moving party shall notify responding party(ies) immediately.

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Mrs. Borkowski and advise him of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Mrs. Borkowski prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone

Item 2 2010-00082287-CU-BC

Stewart Title Guaranty vs. Michael Borkowski

Nature of Proceeding: Notice of Hearing on Claim of Exemption (Michael Borkowski)

Filed By: Robertson, Catherine Schlomann

The claim of exemption for real property levy by judgment debtor Michael Borkowski is GRANTED in the amount of $87,500.

Mr. Borkowski claims that $175,000 is exempt under the homestead exemption set forth in CCP 704.730. His wife, Barbara Borkowski, has filed a concurrent claim of exemption also seeking a $175,000 exemption under the Homestead Exemption.

Plaintiff opposes on the ground that under CCP 704.730 the combined homestead exemption for both Michael Borkowski and Barbara Borkowski is $175,000, thus, each is only entitled to a $87,500 homestead exemption.

The Court agrees with Plaintiff. CCP 704.730 provides, in pertinent part,

(a) The amount of the homestead exemption is one of the following:

. . .

(3) One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:

(A) A person 65 years of age or older.

(b) Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both.

Here, Mr. Borkowski is over 65 years old and owns the home in joint tenancy with his wife. Total amount of Mr. Borkowski’s homestead exemption is $87,500.

Plaintiff shall submit a formal order, which includes instructions for the Sheriff’s office, for the Court’s signature pursuant to CRC Rule 3.1312.

Moving party has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento California 95814. Moving party shall notify responding party(ies) immediately.

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Mr. Borkowski and advise him of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Mr. Borkowski prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone.