SACOR FINANCIAL, INC. VS. JO HOON SHIN

Tentative Rulings

Case Number: VC059912    Hearing Date: July 09, 2020    Dept: SEC

SACOR FINANCIAL, INC. v. SHIN

CASE NO.:  VC059912

HEARING: 07/09/2020

[Remote appearances are encouraged and will be given priority.]

#2

TENTATIVE ORDER

Plaintiff’s unopposed Motion for Issuance of Earnings Withholding Order on Spouse of Judgment Debtor is GRANTED.

Moving Party to give Notice.

No Opposition filed as of July 1, 2020. Due by June 25, 2020. (CCP §1005(b).)

Judgment was entered in favor of Plaintiff SACOR FINANCIAL, INC. against Defendant JI HOON SHIN on April 30, 2012. Plaintiff contends that the Judgment remains unsatisfied. Consequently, Plaintiff argues that the earnings of Defendant/Judgment Debtor’s spouse are subject to a withholding order because Judgment Debtor and his spouse (EUN OK SHIN) were married at the time the debt was incurred, at the time judgment was entered, and are currently still married. (Jones Decl., ¶6.)

“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.” (CCP §706.109.) In general, “[e]xcept 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 has 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.” (Fam. Code §910(a).) Thus, the liability of community property is not limited to debts incurred for the benefit of the community, but extends to debts incurred by one spouse alone exclusively for his or her own personal benefit. (See Robertson v. Willis (1978) 77 Cal.App.3d 358, 362.) Although a spouse may be required to reimburse the community for the misuse of community assets., the community estate remains liable to third party creditors for any debt incurred as a result of such misuse of assets. (See In re Marriage of Lister (1984) 152 Cal.App.3d 411, 418-419.)

This Motion is unopposed, and no Claim of Exemption has been filed as of July 1, 2020. However, the Court notes that there is an automatic exemption that at least 75% of an employee’s disposable earnings are exempt from earnings withholding orders. “Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty-five percent of the individual’s disposable earnings for that week.” (CCP §706.050(a)(1).). CCP §706.011 states in part: “(a) ‘Disposable earnings’ means the portion of an individual earnings that remains after deducting all amounts required to be withheld by law.”

Accordingly, Plaintiff’s unopposed Motion is GRANTED—an earnings withholding Order shall be issued against the earnings of Eun Ok Shin, spouse of Judgment Debtor Ji Hoon Shin, not to exceed 25% of her net monthly income.