LVNV Funding LLC vs. Hernandez, Luis

Case No.: VCL318352 Date: May 19, 2026 Time: 8:30 A.M. Dept. 2-The Honorable Bret D. Hillman Motion: Motion re: Opposition to Claim of Exemption Tentative Ruling: To continue this matter to June 2, 2026, 8:30 am, Dept. 2 as to a filing of the claim of exemption by the levying officer. Facts In this matter, judgment for Plaintiff in the amount of $2,913.23 was awarded May 23, 2025. A writ of execution was issued on October 16, 2025 in the amount of $2,992.38. On April 1, 2026, Plaintiff filed a notice of opposition to the claim of exemption stating: "Judgment creditor opposes the claim of exemption because the debtor has not shown that all earnings are necessary for basic support as required under CCP Sec.Sec. 703.115 and 706.051.

The financial statement reflects income sufficient to allow a greater withholding amount than proposed, and several listed expenses appear discretionary or unsupported. Debtor has not established a financial hardship that warrants the exemption requested. Accordingly, creditor requests that the claim of exemption be denied. However, the Court's file does not contain a filing from the levying officer as to the claim of exemption under Code of Civil Procedure section 706.105(b). As such, the Court cannot adjudicate the claim of exemption, or opposition thereto, absent a filing by the levying officer containing the requisite information.

Therefore, the Court continues this matter to June 2, 2026, 8:30 am, Dept.

2.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings. Re: Tilley, Jennifer M. vs. Fisher, June A.