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This case was last updated from Los Angeles County Superior Courts on 12/18/2020 at 04:45:18 (UTC).

DCFS USA LLC VS THANH T. TRANNGUYEN, ET AL.

Case Summary

On 07/29/2010 DCFS USA LLC filed a Contract - Debt Collection lawsuit against THANH T TRANNGUYEN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is AMY D. HOGUE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2442

  • Filing Date:

    07/29/2010

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

AMY D. HOGUE

 

Party Details

Plaintiff and Petitioner

DCFS USA LLC

Defendants and Respondents

DOES 1 TO 5

TRANNGUYEN HY V

TRANNGUYEN THAHN T.

TRANNGUYEN HY V.

TRANNGUYEN THANH T.

Assignee

MERCEDES BENZ FINANCIAL SERVICES LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

HUNT MICHAEL SCOTT

HUNT MICHAEL S. ESQ.

 

Court Documents

Application for and Renewal of Judgment

2/14/2020: Application for and Renewal of Judgment

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

2/14/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Notice - NOTICE NOTICE OF RENEWAL OF JUDGMENT

2/14/2020: Notice - NOTICE NOTICE OF RENEWAL OF JUDGMENT

Proof of Service (Renewal of Judgment)

2/27/2020: Proof of Service (Renewal of Judgment)

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

4/21/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

4/21/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

11/30/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

12/2/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

 

Docket Entries

  • 12/02/2020
  • DocketWrit of Execution ((Los Angeles)); Filed by MERCEDES BENZ FINANCIAL SERVICES LLC (Assignee)

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  • 11/30/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by MERCEDES BENZ FINANCIAL SERVICES LLC (Assignee)

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  • 04/21/2020
  • DocketWrit of Execution ((Los Angeles)); Filed by MERCEDES BENZ FINANCIAL SERVICES LLC (Assignee)

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  • 04/21/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by MERCEDES BENZ FINANCIAL SERVICES LLC (Assignee)

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  • 02/27/2020
  • DocketProof of Service (Renewal of Judgment); Filed by MERCEDES BENZ FINANCIAL SERVICES LLC (Assignee)

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  • 02/14/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by DCFS USA LLC (Plaintiff)

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  • 02/14/2020
  • DocketNotice (NOTICE OF RENEWAL OF JUDGMENT); Filed by DCFS USA LLC (Plaintiff)

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  • 02/14/2020
  • DocketAssignment of Judgment; Filed by MERCEDES BENZ FINANCIAL SERVICES LLC (Assignee); DCFS USA LLC (Plaintiff)

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  • 02/14/2020
  • DocketApplication for and Renewal of Judgment; Filed by DCFS USA LLC (Plaintiff)

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  • 09/12/2017
  • DocketPaper file imaged and destroyed; Filed by Clerk

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5 More Docket Entries
  • 12/13/2010
  • DocketRequest and Entry of Dismissal ( DOES 1 THROUGH 5 ); Filed by Attorney for Plaintiff/Petitioner

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  • 12/13/2010
  • DocketJudgment (BY COURT BY DEFAULT $33574.13 vs defts Thanh Trannguyen and Hy Trannguyen ); Filed by Attorney for Plaintiff/Petitioner

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  • 10/29/2010
  • Docketat 08:30 am in Department 34, Amy D. Hogue, Presiding; Conference-Case Management - Held-Continued

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  • 10/14/2010
  • DocketStatement-Case Management; Filed by Attorney for Plaintiff/Petitioner

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  • 09/28/2010
  • DocketDefault Entered (AS THANH T TRANNGUYEN AS HY V TRANNGUYEN ); Filed by Attorney for Pltf/Petnr

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  • 08/11/2010
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff/Petitioner

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  • 08/06/2010
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 07/29/2010
  • DocketComplaint

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  • 07/29/2010
  • DocketComplaint (- Contract); Filed by DCFS USA LLC (Plaintiff)

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  • 07/29/2010
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: BC442442    Hearing Date: March 8, 2021    Dept: 34

SUBJECT: Claim of Exemption

Moving Party: Assignee Mercedes Benz Financial Services LLC

Resp. Party: None

The hearing on the claim of exemption is TAKEN OFF CALENDAR due to the automatic stay.

BACKGROUND:

This action was commenced on July 29, 2010 and on February 14, 2020 a notice of renewal of judgment was issued by the clerk of court.

On February 14, 2020, an assignment of judgment was filed by Assignee Mercedes Benz Financial Services LLC. Assignee also filed a memorandum of costs after judgment, acknowledgment of credit, and declaration of accrued interest. Assignee indicates that the principal remaining due is $33,574.13 and the accrued interest remaining due is $30,630.27. (02/14/2020 Memorandum of Costs After Judgment, ¶¶ 2, 3.)

On April 21, 2020, a writ of execution was issued by the clerk of court. Assignee also filed a memorandum of costs after judgment, acknowledgment of credit, and declaration of accrued interest, indicating that the principal remaining due is $64,249.40 and the accrued interest remaining due is $932.80. (04/21/2020 Memorandum of Costs After Judgment, ¶¶ 2, 3.)

On November 30, 2020, Assignee filed a memorandum of costs after judgment, acknowledgment of credit, and declaration of accrued interest, indicating that the principal remaining due is $64,249.40 and the accrued interest remaining due is $4,857.60. (11/30/2020 Memorandum of Costs After Judgment, ¶¶ 2, 3.)

On December 2, 2020, a writ of execution was issued by the clerk of court.

On February 1, 2021, this case was reassigned to Department 34 due to the closure of Department 44.

On February 8, 2020, Assignee filed a notice of hearing on claim of exemption and a notice of opposition to the claim of exemption.

On February 8, 2021, Judgment Debtor Thanh T. Trannguyen filed a notice of automatic stay, due to filing a petition for Bankruptcy relief under Chapter 7, of Title 11 of the United States Code, Case No.2- 21-bk-10936-WB.

On February 25, 2021, the levying officer filed a return of writ.

A hearing on the claim of exemption is set for March 8, 2021.

ANALYSIS:

I. Claim of Exemption

A. Legal Standard

The procedures at issue are contained in the Enforcement of Judgments Law, which is found at California Code of Civil Procedure sections 680.101 through 724.260. The Enforcement of Judgments Law is a “comprehensive and precisely detailed scheme” governing the enforcement of all civil judgments in California. (Ford Motor Credit Co. v. Waters (2008) 166 Cal.App.4th Supp. 1, 7.) The types and degrees of property exempt from levy are described in sections 704.010 through 704.210. These provisions relate to property of the debtor that would ordinarily be subject to enforcement of a money judgment by execution or otherwise, but for the provisions in the statute allowing the debtor to retain all or part of it to protect himself and his family. 

Subject to certain exceptions, “the portion of [a] judgment debtor’s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy” under California judgment law. (Code Civ. Proc., § 706.051, subd. (b).) 

These exemptions are wholly statutory and cannot be enlarged by the courts. (Ford Motor Credit Co., supra, 166 Cal.App.4th Supp. at p. 8, and cases cited therein; see Sun Ltd. v. Casey (1979) 96 Cal.App.3d 38, 40 [construing former exemption statutes].) Although the burden of proof lies with the party claiming the exemption, exemption statutes are generally construed in favor of the debtor. (Ford Motor Credit Co., supra, 166 Cal.App.4th Supp. at p. 8.) 

A claim of exemption must comply with California Code of Civil Procedure section 703.520. The claim must be executed under oath and must contain the name and address of the judgment debtor along with a description of the property claimed to be exempt, as well as a statement of the facts necessary to support the claim. (Code Civ. Proc., § 703.520, subd. (b).) A bare claim of exemption, without evidentiary support, will usually fail in the face of written opposition. Supporting declarations must adequately identify the property claimed to be exempt, and state those foundational facts which necessary to establish the exemption as a matter of law. (Code Civ. Proc., §¿484.070 subd. (d).) 

In claims where the judgment debtor claims that wages are exempt because they are necessary to support the judgment debtor and his or her spouse and dependents, the claim of exemption must include a financial statement. (Code Civ. Proc., § 703.530 [detailing requirements of financial statement].) 

“A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.” (Code Civ. Proc., § 706.105 subd. (d).) 

United States Bankruptcy Code section 362, subdivision (a) provides:

“Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of--

(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title;

(2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title;

(3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate;

(4) any act to create, perfect, or enforce any lien against property of the estate;

(5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title;

(6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title;

(7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and

(8) the commencement or continuation of a proceeding before the United States Tax Court concerning a tax liability of a debtor that is a corporation for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period ending before the date of the order for relief under this title.” (11 U.S.C. § 362(a).)

B. Discussion

A notice of hearing on claim of exemption and a notice of opposition to the claim of exemption were filed with the Court on February 8, 2020. In the notice of opposition to the claim of exemption, Assignee states that “Pursuant to C.C.P. 704.080 (e)(1) judgment creditor claims that the amount of the deposit in excess of the statutory exempt amount is not exempt in whole or in part. Judgment debtor has the burden of proving that the excess amount is exempt pursuant to C.C.P. 704.080(e)(4).” (Notice of Opposition, ¶ 6.)

However, a notice of stay of automatic stay was filed by judgment debtor on February 8, 2020. Therefore, the Court may not hear the claim of exemption until the stay has been lifted. (11 U.S.C. § 362(a).)

The hearing on the claim of exemption is TAKEN OFF CALENDAR due to the automatic stay.

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