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This case was last updated from Los Angeles County Superior Courts on 01/08/2021 at 20:57:07 (UTC).

SACOR FINANCIAL, INC. VS. JO HOON SHIN

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9912

  • Filing Date:

    11/04/2011

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

YVONNE T. SANCHEZ

 

Party Details

Plaintiff

SACOR FINANCIAL INC.

Defendants

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

Attorney/Law Firm Details

Plaintiff Attorneys

SCALIA JOSEPH W.

WOOD LAJUAN E. LAW OFFICE OF

 

Court Documents

Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL

1/31/2012: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL

Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE

1/31/2012: Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE

Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

1/31/2012: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

Minute Order - MINUTE ORDER ENTERED: 2012-03-20 00:00:00

3/20/2012: Minute Order - MINUTE ORDER ENTERED: 2012-03-20 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT JUDGMENT

4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT JUDGMENT

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

4/30/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Abstract of Judgment - Civil and Small Claims

6/7/2012: Abstract of Judgment - Civil and Small Claims

Legacy Document - LEGACY DOCUMENT TYPE: REQUEST FOR CORRECTION

11/3/2016: Legacy Document - LEGACY DOCUMENT TYPE: REQUEST FOR CORRECTION

Legacy Document - LEGACY DOCUMENT TYPE: APPLICATION FOR JUDGMENT DEBTOR

10/26/2017: Legacy Document - LEGACY DOCUMENT TYPE: APPLICATION FOR JUDGMENT DEBTOR

Minute Order - MINUTE ORDER ENTERED: 2017-12-21 00:00:00

12/21/2017: Minute Order - MINUTE ORDER ENTERED: 2017-12-21 00:00:00

Minute Order - MINUTE ORDER ENTERED: 2018-01-24 00:00:00

1/24/2018: Minute Order - MINUTE ORDER ENTERED: 2018-01-24 00:00:00

Declaration - DECLARATION IN SUPPORT OF MTN FOR ORDER GRANTING AN EARNINGS WITHHOLDING ON THE SOUSE OF A JMT DTR

1/23/2020: Declaration - DECLARATION IN SUPPORT OF MTN FOR ORDER GRANTING AN EARNINGS WITHHOLDING ON THE SOUSE OF A JMT DTR

Minute Order - MINUTE ORDER (COURT ORDER)

5/1/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/01/2020

5/1/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/01/2020

Notice - NOTICE OF CHANGED MOTION

5/8/2020: Notice - NOTICE OF CHANGED MOTION

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR ORDER GRANTING AN EARN...)

7/9/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR ORDER GRANTING AN EARN...)

20 More Documents Available

 

Docket Entries

  • 07/09/2020
  • Docketat 10:12 AM in Department C; Nunc Pro Tunc Order

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  • 07/09/2020
  • 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

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  • 07/09/2020
  • 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

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  • 07/09/2020
  • DocketOrder (/ Ruling (Hearing 7-9-20)); Filed by Clerk

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  • 07/09/2020
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 07/09/2020
  • DocketMinute Order ( (Hearing on Motion for Order Motion For Order Granting An Earn...)); Filed by Clerk

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  • 05/21/2020
  • DocketNotice (of Cont'd Motion For Order Granting EWO on Spouse); Filed by SACOR FINANCIAL, INC. (Plaintiff)

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  • 05/08/2020
  • DocketNotice (of Changed Motion); Filed by SACOR FINANCIAL, INC. (Plaintiff)

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  • 05/01/2020
  • Docketat 11:22 AM in Department C; Court Order

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  • 05/01/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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50 More Docket Entries
  • 01/31/2012
  • DocketSubstitution of Attorney; Filed by Plaintiff

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  • 01/31/2012
  • DocketRtn of Service of Summons & Compl

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  • 01/31/2012
  • DocketPartial Dismissal W/out Prejudice

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  • 01/31/2012
  • DocketDefault Entered

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  • 11/04/2011
  • DocketNotice of Case Management Conference; Filed by null

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  • 11/04/2011
  • DocketComplaint filed-Summons Issued

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  • 11/04/2011
  • DocketNotice-Case Management Conference

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  • 11/04/2011
  • DocketSummons (on Complaint)

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  • 11/04/2011
  • DocketCivil Case Cover Sheet

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  • 11/04/2011
  • DocketComplaint filed-Summons Issued; Filed by null

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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.

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