2018-70003627-CU-HR

Michelle Dudley vs. Lisa Michelle Pitt/Chisolm

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Finelli, Stephanie J.

This matter was continued from September 28, 2018, to permit judgment debtor to file supplemental documents showing the funds levied upon are from an exempt source. Judgment debtor had alleged the bank account levied upon contained unemployment funds issued by the California Employment Development Department.

On October 15, 2018, judgment debtor filed a “supplemental memorandum” and declaration. However, the declaration still fails to authenticate any bank statements and establish the funds within the accounts levied upon are from exempt sources. At most, judgment debtor argues in her papers only that the cash deposits represented are from the EDD because all payments from the EDD are deposited directly onto an

EDD card and must be withdrawn directly from the card. This is insufficient. Judgment debtor has not provided evidence as to when she received EDD benefits or that she deposited those benefits into the accounts levied upon.

The Court finds claimant has failed to meet her burden of proof to establish an exemption applies. (CCP 703.580, 703.080.) Accordingly, the claim of exemption is

DENIED.

Judgment creditor’s request to issue an OSC why judgment debtor should not be designated a vexatious litigant is denied.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.