On 11/04/2011 SACOR FINANCIAL, INC filed a Contract - Other Contract lawsuit against JO HOON SHIN. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is YVONNE T. SANCHEZ. The case status is Disposed - Judgment Entered.
****9912
11/04/2011
Disposed - Judgment Entered
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
YVONNE T. SANCHEZ
SACOR FINANCIAL INC.
SHIN JI HOON
SHIN JI M
SHIN JI H
SHIN HOON J
SHIN JI I
JI H SHIN
SHIN JOUNGAH
I SHIN J
JI H SIN
SCALIA JOSEPH W.
WOOD LAJUAN E. LAW OFFICE OF
1/31/2012: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL
1/31/2012: Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE
1/31/2012: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED
3/20/2012: Minute Order - MINUTE ORDER ENTERED: 2012-03-20 00:00:00
4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT JUDGMENT
4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
6/7/2012: Abstract of Judgment - Civil and Small Claims
11/3/2016: Legacy Document - LEGACY DOCUMENT TYPE: REQUEST FOR CORRECTION
10/26/2017: Legacy Document - LEGACY DOCUMENT TYPE: APPLICATION FOR JUDGMENT DEBTOR
12/21/2017: Minute Order - MINUTE ORDER ENTERED: 2017-12-21 00:00:00
1/24/2018: Minute Order - MINUTE ORDER ENTERED: 2018-01-24 00:00:00
1/23/2020: Declaration - DECLARATION IN SUPPORT OF MTN FOR ORDER GRANTING AN EARNINGS WITHHOLDING ON THE SOUSE OF A JMT DTR
5/1/2020: Minute Order - MINUTE ORDER (COURT ORDER)
5/1/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/01/2020
5/8/2020: Notice - NOTICE OF CHANGED MOTION
7/9/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR ORDER GRANTING AN EARN...)
Docketat 10:12 AM in Department C; Nunc Pro Tunc Order
Docketat 09:30 AM in Department C; Hearing on Motion for Order (Motion For Order Granting An Earnings Withholding On The Spouse of Judgment Debtor) - Held - Motion Granted
Docketat 1:30 PM in Department C; Hearing on Motion for Order (Motion For Order Granting An Earnings Withholding On The Spouse of Judgment Debtor) - Not Held - Advanced and Continued - by Court
DocketOrder (/ Ruling (Hearing 7-9-20)); Filed by Clerk
DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk
DocketMinute Order ( (Hearing on Motion for Order Motion For Order Granting An Earn...)); Filed by Clerk
DocketNotice (of Cont'd Motion For Order Granting EWO on Spouse); Filed by SACOR FINANCIAL, INC. (Plaintiff)
DocketNotice (of Changed Motion); Filed by SACOR FINANCIAL, INC. (Plaintiff)
Docketat 11:22 AM in Department C; Court Order
DocketMinute Order ( (Court Order)); Filed by Clerk
DocketSubstitution of Attorney; Filed by Plaintiff
DocketRtn of Service of Summons & Compl
DocketPartial Dismissal W/out Prejudice
DocketDefault Entered
DocketNotice of Case Management Conference; Filed by null
DocketComplaint filed-Summons Issued
DocketNotice-Case Management Conference
DocketSummons (on Complaint)
DocketCivil Case Cover Sheet
DocketComplaint filed-Summons Issued; Filed by null
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.