This case was last updated from Los Angeles County Superior Courts on 03/12/2015 at 08:31:34 (UTC).

City National Bank Vs. Integrated Health Assets, Inc., Et

Case Summary

On 04/05/2007 a Contract - Other Contract case was filed by City National Bank against Integrated Health Assets Inc Et in the jurisdiction of Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****5002

  • Filing Date:

    04/05/2007

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Cary Nishimoto

 

Party Details

Plaintiff

City National Bank

Defendants

Does 1-100

Integrated Health Assets Inc.

Robert W. Blackburn Aka Robert Blackburn

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 11/03/2014
  • Declaration (DECLARATION FOR ACKNOWLEDGMENT OF CREDIT $148.35 ) Filed by Attorney for Plaintiff

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  • 11/03/2014
  • Declaration (DECLARATION OF ACCRUED INTEREST $26249.55 ) Filed by Attorney for Plaintiff

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  • 09/30/2014
  • Declaration (ACKNOWLEDGMENT OF CREDIT $148.35 ) Filed by Attorney for Plaintiff

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  • 09/30/2014
  • Writ-Other (WRIT OF EXECUTION ISSUED TO ORANGE COUNTY FOR INTEGRATED HEALTH ASSETS, INC. ) Filed by Attorney for Plaintiff

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  • 09/30/2014
  • Declaration (DECLARATION OF ACCRUED INTEREST $26095.92 ) Filed by Attorney for Plaintiff

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  • 07/18/2013
  • Writ of Mandamus (WRIT RETURNED FROM ORANGE COUNTY PARTIALLY SATISFIED IN THE AMOUNT OF $160.35 WITH $12.00 COURT COSTS ) Filed by Attorney for Plaintiff

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  • 06/23/2011
  • Memorandum of Costs (ACKNOWLEDGMENT OF CREDIT $3653.79 DECL RE ACCRUED INTEREST $12419.49 ) Filed by Attorney for Plaintiff

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  • 06/23/2011
  • Writ-Other (WRIT OF EXECUTION ISSUED TO ORANGE COUNTY IN THE AMOUNT OF $46173.01 ) Filed by Attorney for Plaintiff

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  • 04/07/2010
  • Miscellaneous-Other ( WRIT OF EXECUTION RETURNED FROM ORANGE COUNTY; PARTIALLY SATISFIED IN THE SUM OF $73.54 ) Filed by Clerk

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  • 07/16/2009
  • Writ-Other (WRIT OF EXECUTION ISSUED TO COUNTY OF ORANGE.0 ) Filed by Attorney for Plaintiff

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13 More Docket Entries
  • 06/18/2007
  • Default Entered Filed by Attorney for Plaintiff

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  • 05/09/2007
  • Proof of Service (SUMMONS & COMPLAINT PARTY SERVED: INTEGRATED HEALTH ASSETS, INC. PERSON SERVED: ROBERT BLACKBURN BY SERVING MRS. BLACKBURN ON 5/2/07 AT 9:00PM) Filed by Attorney for Plaintiff

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  • 05/09/2007
  • Proof of Service (SUMMONS & COMPLAINT PARTY SERVED: ROBERT W. BLACKBURN BY SERVING MRS. BLACKBURN ON 5/2/07 AT 9:00PM ) Filed by Attorney for Plaintiff

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  • 04/11/2007
  • Application - misc (FOR WRIT OF ATTACHMENT ) Filed by Attorney for Plaintiff

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  • 04/11/2007
  • Notice of Hearing (OF APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT ) Filed by Attorney for Plaintiff

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  • 04/11/2007
  • Declaration (OF IN SUPPORT OF PLTFF'S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT ) Filed by Attorney for Plaintiff

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  • 04/06/2007
  • OSC-Failure to File Proof of Serv Filed by Clerk

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  • 04/05/2007
  • Notice-Case Management Conference Filed by Attorney for Plaintiff

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  • 04/05/2007
  • Summons Filed Filed by Attorney for Plaintiff

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  • 04/05/2007
  • Complaint Filed

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Tentative Rulings

Case Number: YC055002    Hearing Date: January 30, 2020    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

CITY NATIONAL BANK,

Plaintiff,

Case No.:

YC055002

vs.

[Tentative] RULING

INTEGRATED HEALTH ASSETS, INC., et al.,

Defendants.

Hearing Date: January 30, 2020

Moving Parties: Judgment debtor’s spouse Dianne M. Blackburn

Responding Party: Judgment creditor City National Bank

Claim of Exemption

The court considered the claim of exemption, opposition, and reply.

RULING

The claim of exemption is GRANTED, in part. The court ORDERS that judgment creditor may withhold $412 per month of judgment debtor Anthony Occhionero’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 September 25, 2007, a default judgment was entered in favor of CNB and against Integrated Health Assets, Inc. and Robert W. Blackburn aka Robert Blackburn aka Robert Wayne Blackburn in the amount of $37,382.31.

On September 13, 2017, the judgment was renewed.

On February 14, 2019, the court granted judgment creditor’s motion to charge judgment debtor’s interest in a LLC, for an assignment order, and a restraining order.

According to the memorandum of costs after judgment filed on November 22, 2019, the principal remaining is $76,154.89 and the accrued interest is $16,681.48.

LEGAL AUTHORITY

“At a hearing on a third-party claim, the third person has the burden of proof.” CCP §720.360.

CCP §703.080 states, “(a) Subject to any limitation provided in the particular exemption, a fund that is exempt remains exempt to the extent that it can be traced into deposit accounts or in the form of cash or its equivalent. (b) The exemption claimant has the burden of tracing an exempt fund. . . . “

DISCUSSION

Judgment debtor’s spouse Dianne M. Blackburn requests an exemption.

Claimant contends that in December 2019, she received a notice of levy of her individual banking and retirement accounts located at Schools First Federal Credit Union. The accounts subject to levy are her individual checking account, her money market account, and an IRA account.

She contends that the fair market value of her interest in the property is approximately $66,243. She asserts that the property is her separate party and not subject to levy for spouse’s debts pursuant to Family Code §913 and as evidenced by Family Code §1500 by the Post-Nuptial Agreement entered into on April 13, 2004.

In opposition, judgment creditor argues that claimant has provided no evidence to support her claim that the levied funds are from retirement accounts. Further, judgment creditor argues, the purported post-nuptial agreement is irrelevant until the source of all funds is disclosed. Judgment creditor contends that the debtor and spouse have transferred assets numerous times, and that a wire of $50,000, contemporaneous with a deed of trust evidencing a loan for $560,000 in 2018 was deposited into a joint account but was not there long enough to be captured by plaintiff’s levy. Plaintiff suspects that this money has been deposited in spouse’s bank accounts. Judgment creditor also contends that claimant has not shown that the levied funds are within the scope of the post-nuptial agreement.

In reply, claimant provides a supplemental declaration and bank statements. She contends that there is no evidence of a fraudulent conveyance.

The court finds that claimant has provided sufficient evidence to meet her burden that the funds are exempt as retirement accounts and that her income and accounts are her separate property. See CCP §703.140(b)(10)(E); Family Code §913(b) (“Except as otherwise provided by statute: (1) The separate property of a married person is not liable for a debt incurred by the person’s spouse before or during marriage.”); Family Code §1500 (“The property rights of spouses prescribed by statute may be altered by a premarital agreement or other marital property agreement.”).

Therefore, the claim of exemption is GRANTED.

Judgment creditor is ordered to give notice of this ruling.