2014-00162888-CL-CL

Brookwood Loans of Ca, LLC vs. Itasker Hollins

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Murphey, Richard J.

Judgment Debtor’s claim of exemption is GRANTED because Judgment Creditor’s Notice of Hearing and Opposition to the claim of exemption must be DROPPED due to
defective service of notice.

Service of Notice of Hearing and Opposition by mail on December 19, 2017 for a hearing on January 18, 2018 provided only 16 court days notice plus 3 calendar days. 16 court days plus five (5) calendar days’ notice (for mail service) is required by Code of Civil Procedure § 1005(b). January 1st and 15th, 2018 were court holidays. (See

Code Civ. Proc. § 706.105(e) and §12c.) Additionally, the proof of service does not indicate that the opposition was served on the levying officer, Sacramento County Sheriff’s Office. (Code Civ. Proc. § 706.105(d).)

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 and Opposition are dropped, judgment debtor’s claim of exemption is effectively unopposed and is granted.

Pursuant to Code of Civil Procedure §703.580, the sheriff is directed to immediately release to the judgment debtor any and all monies held.

The court notes that 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 St, Sacramento California 95814, Second Floor. Moving party shall notify responding party(ies) immediately.

Judgment creditor’s notice of hearing does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Judgment creditor shall promptly attempt inform Judgment Debtor of this tentative ruling.