Lobel Financial Corp. v. Juan Cueto Ayala, et al.
Claim of Exemption
Motion type
Parties
Ruling
Lobel Financial Corp. v. Juan Cueto Ayala, et al., 15LCP-0553
Hearing: Claim of Exemption
Date: June 23, 2026
The Court intends to strike this claim of exemption on procedural grounds without prejudice to the debtor’s right to file a future claim of exemption. (Code Civ. Proc., § 436.) The debtor filed the claim of exemption with the Court rather than submitting the claim to the San Luis Obispo Sheriff’s Office.
The relevant procedure requires that the claim of exemption by filed with the levying officer (here, the San Luis Obispo County Sheriff’s Office). (Code Civ. Proc., § 706.105(b).) The Sheriff’s Office will then send a copy of the claim of exemption and a copy of the financial statement to the creditor. (Code Civ. Proc., § 706.105(d).) The creditor may file a notice of opposition with the Sheriff’s Office, which will trigger the right to a hearing with the court on the claim of exemption. (Code Civ. Proc., § 706.105(e).)
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