This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 04:18:44 (UTC).

MIMI MARY GREEN VS RICHARD TENHOEVE, ET AL.,

Case Summary

On 12/15/2017 MIMI MARY GREEN filed a Contract - Other Contract lawsuit against RICHARD TENHOEVE, . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8536

  • Filing Date:

    12/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiffs

GREEN MIMI MARY

GREEN MIMI

Defendants

TENHOEVE RICHARD

J. ROTHSTEIN & CO. OF BEVERLY HILLS

ROTHSTEIN JANET J.

Attorney/Law Firm Details

Plaintiff Attorneys

ZEUTZIUS WILLIAM J.

ZEUTZIUS WILLIAM JOSEPH JR

 

Court Documents

Civil Case Cover Sheet

12/15/2017: Civil Case Cover Sheet

Summons

12/15/2017: Summons

Complaint

12/15/2017: Complaint

Declaration

1/19/2018: Declaration

Other -

1/19/2018: Other -

Answer

1/19/2018: Answer

Unknown

1/19/2018: Unknown

Answer

1/19/2018: Answer

Unknown

1/19/2018: Unknown

Notice of Appearance

1/19/2018: Notice of Appearance

Unknown

1/19/2018: Unknown

Unknown

1/22/2018: Unknown

Unknown

1/22/2018: Unknown

Unknown

1/22/2018: Unknown

Unknown

1/22/2018: Unknown

Unknown

1/22/2018: Unknown

Unknown

2/13/2018: Unknown

Case Management Statement

3/20/2018: Case Management Statement

21 More Documents Available

 

Docket Entries

  • 05/31/2019
  • Docketat 09:00 AM in Department P; Order to Show Cause Re: Dismissal - Held

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  • 05/31/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion to Enforce Settlement - Held - Motion Granted

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  • 05/31/2019
  • DocketMinute Order ( (Hearing on Plaintiff Mimi Mary Green's Motion Pursuant to Sec...)); Filed by Clerk

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  • 05/31/2019
  • DocketJudgment (- Stipulated Judgment - Before Trial - 05/31/2019 entered for Plaintiff GREEN, MIMI MARY against Defendant ROTHSTEIN, JANET J.; Defendant TENHOEVE, RICHARD.); Filed by Clerk

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  • 05/31/2019
  • DocketJudgment (Proposed Judgment); Filed by MIMI MARY GREEN (Plaintiff)

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  • 05/21/2019
  • Docketat 08:30 AM in Department P; Order to Show Cause Re: Dismissal - Held - Continued

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  • 05/21/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

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  • 04/18/2019
  • DocketRequest for Dismissal; Filed by MIMI MARY GREEN (Plaintiff)

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  • 04/18/2019
  • DocketMotion to Enforce Settlement; Filed by MIMI MARY GREEN (Plaintiff)

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  • 02/26/2019
  • DocketNotice (Notice of Continuance of Hearing); Filed by MIMI MARY GREEN (Plaintiff)

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33 More Docket Entries
  • 01/19/2018
  • DocketDeclaration (of Richard L TenHoeve)

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  • 01/19/2018
  • DocketMiscellaneous-Other (CERTIFICATE OF SERVICE ); Filed by Defendant

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  • 01/19/2018
  • DocketDeclaration; Filed by J. ROTHSTEIN & CO. OF BEVERLY HILLS (Legacy Party)

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  • 01/19/2018
  • DocketNotice (PRO SE NOTICE OF APPEARANCE ); Filed by Defendant

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  • 01/19/2018
  • DocketDeclaration (RE INCOME AND ASSETS EXEMPT FROM GARNISHMENT ); Filed by Attorney for Defendant

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  • 12/15/2017
  • DocketSummons; Filed by Plaintiff

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  • 12/15/2017
  • DocketCivil Case Cover Sheet

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  • 12/15/2017
  • DocketComplaint; Filed by MIMI MARY GREEN (Plaintiff)

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  • 12/15/2017
  • DocketComplaint Filed

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  • 12/15/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: ****8536    Hearing Date: December 04, 2019    Dept: P

 

Mimi Mary Green v. Richard Tenhoeve et al. Case No. ****8536

Judgment Creditor’s Opposition to Claims of Exemption

Hearing Date: December 4, 2019

Judgment creditor Mimi Mary Green has judgments for $7,000.00 and $28,584.95 against judgment debtors Janet J. Rothstein and Richard TenHoeve, respectively. Pursuant to a writ of execution, creditor has levied on the debtors’ bank accounts. Both debtors filed claims of exemption, which the creditor opposes.

Cal. Code of Civ. Proc. ;704.070 exempts from enforcement seventy-five percent of paid earnings in a judgment debtor’s deposit account, if the funds were paid to the debtor thirty days or fewer before the date of the levy. Cal. Code of Civ. Proc. ;704.080 automatically exempts social security benefits and other public benefit payments in a deposit account, even if judgment debtor does not file a claim of exemption, from levy up to a defined amount. A claim of exemption is required to exempt amounts above the statutory minimums.

Judgment debtor Rothstein seeks to exempt $3,600.00, arguing these funds represent seventy five percent of earnings paid within thirty days of the levy. See Rothstein Claim of Exemption pg. 1. Debtor TenHoeve seeks to exempt “Direct Deposit Social Security Benefits” in an unspecified amount. TenHoeve Claim of Exemption at pg. 1.

Judgment creditor opposes both claims. The opposition contains no substantive argument or authority, stating: “[t]he accounts levied upon were in the name of the judgment debtor. No third party claims have been made against the funds, nor do any exemptions apply. The debtor did not follow through with the agreement to make monthly payments on this judgment obligation and as such, bank levies were served. The judgment needs to be paid.” Notices of opposition at pg. 1.

While judgment creditor has a right to execute the levies, she provides no evidence or authority to refute debtors’ claims that some of the money in the accounts is exempt under Cal. Code of Civ. Proc. ;;704.070 and 704.090. The claims of exemption are GRANTED. The levies may proceed on all funds above $3,600.00 in debtor Rothstein’s account. Since the TenHoeve claim of exemption does not identify a specific exempt sum, the court applies the statutory minimum of $2,425.00. All sums above that amount in TenHoeve’s account may be levied upon.



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