| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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HEARING ON CLAIM OF EXEMPTION
SF Superior Court - Real Property / Housing Dept 501 - CGC21590838 - August 22, 2025 Hearing date: August 22, 2025 Case number: CGC21590838 Case title: LSC 906-908 BROADWAY LLC VS. STARTUP TEMPLE HOLDINGS, INC. ET AL Case Number: | | CGC21590838 | Case Title: | | LSC 906-908 BROADWAY LLC VS. STARTUP TEMPLE HOLDINGS, INC. ET AL | Court Date: | | 2025-08-22 09:30 AM | Calendar Matter: | | HEARING ON CLAIM OF EXEMPTION | Rulings: | | Real Property/Housing Court Motion calendar for August 22, 2025, line 1.
Plaintiff's Hearing on Claim of Exemption: Mrs. Cherkashina's Claim of Exemption is DENIED.
The claim under Section 703.140 fails because neither judgment debtor is in bankruptcy.
The claim under Section 703.530 fails because the initial claim documents did not have a "financial statement" with all of the required information. (See CCP Section 703.530(b)(1)-(5)).
The Court notes that the initial submission was drastically incomplete, and evidence brought up in Reply to is an improper attempt to comply with the requirements of CCP Section 703.530(b).
To the extent that the evidence in Reply, or Claimant's request to evaluate the evidence under CCP Section 704.225 in Reply, can even be considered, the Court finds that the income garnished was not "necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor." (CCP 703.530(a), 704.225).
Primarily, evidence from both sides demonstrates that Defendant continues to receive significant business income. Claimant cites no authority for the idea that Mrs. Cherkashina's personal loans render the income garnished "necessary" to support the family.
Claimant also failed to attach a promissory note or letter from the former business partner who deposited $200,000 into the Defendant's company's bank account, 75% of which was later transferred into Mrs. Cherkashina's savings account, calling into question whether this deposit was a "personal loan." =(501/CFH)
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