On 07/20/2012 FORD MOTOR CREDIT COMPANY filed a Contract - Debt Collection lawsuit against UTOPIA RETAIL HOLDINGS. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is STUART M. RICE. The case status is Disposed - Judgment Entered.
****7503
07/20/2012
Disposed - Judgment Entered
Los Angeles County Superior Courts
Torrance Courthouse
Los Angeles, California
STUART M. RICE
FORD MOTOR CREDIT COMPANY LLC
JAGUAR CREDIT
DOES 1 TO 10
KLARICK ALAN
KLARICK ELIZABETH A.
UTOPIA RETAIL HOLDINGS
HOLDINGS UTOPIA RETAIL
REESE HARLAN M.
SPAGNOLA CHARLES T.
Court documents are not available for this case.
Abstract of Judgment - Civil and Small Claims; Filed by FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Writ-Other; Filed by FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Declaration
at 08:30 AM in Department B; Unknown Event Type - Held
Default Judgment
Miscellaneous-Other; Filed by Court
Notice of Hearing; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Declaration; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Declaration; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Stipulated Judgment; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Rtn of Service of Summons & Compl; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Application ; Filed by FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Memorandum of Points & Authorities; Filed by FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Declaration; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Notice; Filed by FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Application ; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Complaint; Filed by FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Notice of Case Management Conference; Filed by Clerk
Summons; Filed by JAGUAR CREDIT (Legacy Party); FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Notice; Filed by FORD MOTOR CREDIT COMPANY LLC (Plaintiff)
Case Number: YC067503 Hearing Date: March 03, 2020 Dept: SWB
Superior Court
of Southwest District Torrance Dept. B |
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FORD MOTOR CREDIT COMPANY LLC DBA JAGUAR CREDIT, |
Plaintiff, |
Case No.: |
YC067503 |
vs. |
[Tentative] RULING |
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UTOPIA RETAIL HOLDINGS, et al., |
Defendants. |
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Hearing Date: March 3, 2020
Moving Parties: Judgment debtor Elizabeth Klarick
Responding Party: Judgment creditor Ford Motor Credit Co.
Claim of Exemption
The court considered the claim of exemption and opposition.
RULING
The claim of exemption is GRANTED, in part. The court ORDERS that judgment creditor may withhold $400 per month of judgment debtor Elizabeth Klarick’s net income.
Pursuant to CCP §703.580(e), the court clerk shall promptly transmit a certified copy of the order to the levying officer. Any funds held by levying officer are ordered released to judgment creditor to apply to the satisfaction of the money judgment.
BACKGROUND
On July 20, 2012, plaintiff Ford Motor Credit Company LLC dba Jaguar Credit filed a complaint against Utopia Retail Holdings, Elizabeth Klarick, and Alan Klarick for breach of contract, recovery of possession of personal property, and conversion.
On September 24, 2013, a stipulated judgment was filed against Elizabeth Klarick only whereby defendant was to make the 2007 Jaguar available for repossession and to pay the difference, if any, between the sale proceeds of the subject vehicle and the settlement amount of $48,000.
On December 17, 2013, a default judgment was entered against Utopia Retail Holdings and Elizabeth Klarick (stipulated judgment) for $80,245.21.
DISCUSSION
Judgment debtor/claimant Elizabeth Klarick requests an exemption as to all her earnings.
The claimant has the burden of proof to establish the exemption at the hearing. CCP §703.580(b).
In general, a creditor is allowed to withhold 25 percent of the debtor’s net income. CCP §706.050(a).
Claimant provided a financial statement. Claimant asserts that her take home pay is $1,550. Her spouse’s monthly income is $1,452. Rent or house payment and maintenance is $4,500, food is $800, utilities and telephone is $800, clothing is $100, insurance is $600, and entertainment is $200, for total monthly expenses of $7,000. The Sheriff’s Office is holding $252.67.
In opposition, judgment creditor contends that the $200 entertainment expenses are not exempt. Further, they have been and are willing to work out a payment schedule. Judgment debtor has made no voluntary attempts to pay off the judgment from 2013. Judgment creditor will accept $530 a month, or $265 per pay period.
Pursuant to CCP §703.580(d), the court concludes that the earnings are exempt in part. The court finds that $400 per month is reasonable after considering judgment debtor’s wages and expenses.
Therefore, the claim of exemption is GRANTED, in part.
Judgment creditor is ordered to give notice of this ruling.