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This case was last updated from Los Angeles County Superior Courts on 01/07/2021 at 12:43:37 (UTC).

INVESTMENT RETRIEVERS, INC. VS. RICHARD G. GOTCHER, ET AL

Case Summary

On 10/03/2012 INVESTMENT RETRIEVERS, INC filed a Contract - Debt Collection lawsuit against RICHARD G GOTCHER. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN P. PFAHLER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3813

  • Filing Date:

    10/03/2012

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN P. PFAHLER

 

Party Details

Plaintiff

INVESTMENT RETRIEVERS INC.

Defendants

GOTCHER RICHARD G.

GOTCHER RICH G.

GOTCHER RICHIE

CSC

GOTCHER R.G.

Attorney/Law Firm Details

Plaintiff Attorneys

LAW OFFICE OF DANIEL CARVO

FLETTERICK JEFFREY

THE LAW OFFICES OF LORA GREVIOUS

Defendant Attorney

PARKER STANBURY LLP

 

Court Documents

Notice - NOTICE OF ALL PURPOSE CASE ASSIGNMENT AND NOTICE OF CASE MANAGEMENT CONFERENCE

10/3/2012: Notice - NOTICE OF ALL PURPOSE CASE ASSIGNMENT AND NOTICE OF CASE MANAGEMENT CONFERENCE

Summons

10/3/2012: Summons

Proof of Service (not Summons and Complaint)

11/14/2012: Proof of Service (not Summons and Complaint)

Minute Order - MINUTE ORDER ENTERED: 2013-02-28 00:00:00

2/28/2013: Minute Order - MINUTE ORDER ENTERED: 2013-02-28 00:00:00

Declaration - DECLARATION OF JEFFERY FLETTERICK WAIVING EXCESS ATTORNEY'S FEES PRAYED FOR IN THE COMPLAINT

9/9/2013: Declaration - DECLARATION OF JEFFERY FLETTERICK WAIVING EXCESS ATTORNEY'S FEES PRAYED FOR IN THE COMPLAINT

Declaration - DECLARATION FOR LOST ORIGINAL DOCUMENT

9/9/2013: Declaration - DECLARATION FOR LOST ORIGINAL DOCUMENT

Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT JUDGMENT

9/19/2013: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT JUDGMENT

Proof of Service (not Summons and Complaint)

11/25/2013: Proof of Service (not Summons and Complaint)

Writ of Execution

6/4/2014: Writ of Execution

Declaration - DECLARATION OF LORA GREVIOUS IN SUPPORT OF MOTION FOR ASSIGNMENT ORDER AND FOR ORDER RESTRAINING DISPOSITION OF RIGHT TO PAYMENT

11/17/2014: Declaration - DECLARATION OF LORA GREVIOUS IN SUPPORT OF MOTION FOR ASSIGNMENT ORDER AND FOR ORDER RESTRAINING DISPOSITION OF RIGHT TO PAYMENT

Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS

12/23/2014: Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS

Legacy Document - LEGACY DOCUMENT TYPE: MOTION

8/6/2015: Legacy Document - LEGACY DOCUMENT TYPE: MOTION

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

8/6/2015: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS

1/20/2017: Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS

Writ - Return

3/25/2019: Writ - Return

Proof of Service by Mail

4/22/2019: Proof of Service by Mail

Declaration - DECLARATION OF DANIEL JOHN CARVO IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER AUTHORIZING ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST EARNINGS OF JUDGMENT DEBTOR'S SPOUSE

4/22/2019: Declaration - DECLARATION OF DANIEL JOHN CARVO IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER AUTHORIZING ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST EARNINGS OF JUDGMENT DEBTOR'S SPOUSE

Motion re: - NOTICE OF MOTION AND MOTION FOR ORDER AUTHORIZING ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST EARNINGS OF JUDGMENT DEBTOR'S SPOUSE; MEMORANDUM OF POINTS &AUTHORITIES IN SUPPORT

4/22/2019: Motion re: - NOTICE OF MOTION AND MOTION FOR ORDER AUTHORIZING ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST EARNINGS OF JUDGMENT DEBTOR'S SPOUSE; MEMORANDUM OF POINTS &AUTHORITIES IN SUPPORT

50 More Documents Available

 

Docket Entries

  • 09/27/2019
  • DocketWrit - Return

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  • 08/23/2019
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Motion - Other (Motion for Order Authorizing Issuance of Earnings Withholding Order Against Earnings of Judgment Debtor's Spouse) - Not Held - Taken Off Calendar by Party

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  • 04/22/2019
  • DocketDeclaration (OF DANIEL JOHN CARVO IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER AUTHORIZING ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST EARNINGS OF JUDGMENT DEBTOR'S SPOUSE); Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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  • 04/22/2019
  • DocketRequest for Judicial Notice (NOTICE IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER AUTHORIZING ISSUANCE OF WITHHOLDING ORDER EARNINGS AGAINST EARNINGS OF JUDGMENT); Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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  • 04/22/2019
  • DocketNOTICE OF MOTION AND MOTION FOR ORDER AUTHORIZING ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST EARNINGS OF JUDGMENT DEBTOR'S SPOUSE; MEMORANDUM OF POINTS &AUTHORITIES IN SUPPORT; Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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  • 04/22/2019
  • DocketProof of Service by Mail; Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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  • 04/22/2019
  • DocketDeclaration (OF JESSICA HERNANDEZ WHO IN SUPPORT OF PLAINTIFF'S MOTIONFOR ORDER AUTHORIZING ISSUANCE OF EARNING WITHHOLDING ORDER AGAINST EARNINGS OF JUDCMENT DEBTOR' SPOUSE); Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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  • 03/25/2019
  • DocketWrit - Return

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  • 03/28/2018
  • Docketat 08:35 AM in Department F49; Hearing on Motion for Order (Motion for an Order; Off Calendar - Moving Party) -

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  • 03/28/2018
  • DocketMinute order entered: 2018-03-28 00:00:00; Filed by Clerk

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61 More Docket Entries
  • 08/12/2013
  • DocketPoints and Authorities; Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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  • 02/28/2013
  • Docketat 08:30 AM in Department F49; Case Management Conference (Conference-Case Management; Continued by Court) -

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  • 02/28/2013
  • DocketMinute order entered: 2013-02-28 00:00:00; Filed by Clerk

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  • 11/14/2012
  • DocketProof of Service (not Summons and Complaint); Filed by RICHARD G. GOTCHER (Defendant)

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  • 11/14/2012
  • DocketAnswer; Filed by RICHARD G. GOTCHER (Defendant)

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  • 10/25/2012
  • DocketProof of Service (not Summons and Complaint); Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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  • 10/03/2012
  • DocketSummons; Filed by null

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  • 10/03/2012
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 10/03/2012
  • DocketNotice (of All Purpose Case Assignment and Notice of Case Management Conference); Filed by Clerk

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  • 10/03/2012
  • DocketCivil Case Cover Sheet; Filed by INVESTMENT RETRIEVERS, INC. (Plaintiff)

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Tentative Rulings

Case Number: PC053813    Hearing Date: April 5, 2021    Dept: F49

Dept. F-49

Calendar # 2

Case # PC053813

Date: 4-5-21

MOTION TO GARNISH THE WAGES OF NON-DEBTOR SPOUSE

MOVING PARTY: Plaintiff, Investment Retrievers, Inc.

RESPONDING PARTY: Unopposed/Defendant/Judgment Debtor, Richard Gotcher, et al.

RELIEF REQUESTED:

Motion to Garnish the Wages of Lydia Gotcher, spouse of Judgment Debtor Richard Gotcher, et al.

SUMMARY OF ACTION

Plaintiff Investment Retrievers, Inc. alleges Defendant Richard Gotcher defaulted on one or more credit cards issued by predecessor Wells Fargo Bank. On October 3, 2012, Plaintiff filed its complaint for breach of contract and common counts. On November 14, 2012, Defendant answered the complaint. On August 29, 2013, the court struck the answer of Defendant and entered default. On September 19, 2013, the court entered a default judgment for $40,299.55.

RULING: Granted.

Request for Judicial Notice: Granted.

Plaintiff moves to garnish the wages of Lydia Gotcher, spouse of Judgment Debtor Richard Gotcher. Plaintiff acknowledges prior payments of $12,018.22, with an outstanding balance of $56,693.12.

Code of Civil Procedure, section 706.109 provides: “An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.” Family Code section 910, subdivision (a) provides. “Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse had the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.”

Plaintiff sufficiently establishes the existence of the marriage between Lydia Gotcher and Richard Gotcher based on a deed of trust issued to Lydia Gotcher, a married women, for certain real property, and a title report showing Lydia and Richard Gotcher as joint owners. [Jones Decl., Ex. A.] The property was acquired in 2004.

The motion for wage garnishment is therefore granted.

Plaintiff presents evidence that Lydia Gotcher is currently employed by the Los Angeles County Commissioner. Judgment creditor to draft and serve an order in compliance with Code of Civil Procedure sections 706.108 and 706.125. The employer will be responsible for the response in compliance with Code of Civil Procedure sections and 706.126.

Moving Party to given notice.

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