2018-00235725-CU-PT

Hirst Law Group, PC vs. Richard Ricks

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Serlin, Mark A.

Appearance required. Claimant Joy Hughes shall appear at the hearing to present evidence that the funds in the subject bank account are exempt. (E.g. CCP § 704.070.)

This is a bank levy in which the claimant has filed a claim of exemption. The burden falls on the claimant to show that the funds are exempt under the Code of Civil Procedure. The claimant has the burden of tracing an exempt fund. (CCP §703.080.) This means presenting evidence to the Court establishing the exemption. To date that evidence is lacking before the Court.

Here the claimant cites no statutory basis for the claimed exemption and instead contends the levied funds are exempt because she is not the judgment debtor and the account is held solely in her name. However, she is the spouse of the judgment debtor to the judgment debtor and such accounts may be levied upon without Court order. (CCP § 700.160(b).) The community property of both the debtor and nondebtor spouse are liable for debts incurred by either. (Fam. Code §§ 902, 910.)

The notice of hearing on the claim of exemption does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Counsel for judgment creditor is ordered to notify claimant immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event claimant appears without following the procedures set forth in Local Rule 3.04(B).