WELLS FARGO BANK, NATIONAL ASSOCIATION VS. TAMRAZ, INC. ET AL

Matter on the Law & Motion/Discovery Calendar for Wednesday July 15, 2026, line 2, PLAINTIFF WELLS FARGO BANK, NATIONAL ASSOCIATION HEARING ON CLAIM OF EXEMPTION Ninwe Maraha's Claim of Exemption is granted.

Summary of Facts On July 5, 2023, Plaintiff Wells Fargo Bank N.A. (Wells Fargo) obtained a judgment against Tamraz, Inc. and Fredy D. Tamraz for $79,091.89. (Declaration of Yvonne Ramirez-Browning, Exhibit 1) The current judgment balance is approximately $64,620. (Declaration of Yvonne Ramirez-Browning, paragraph 3)

In April 2026, Wells Fargo levied on Chase bank account 0496 which is jointly held by judgment debtor Fredy Tamraz and his wife, Ninwe Maraha. (Declaration of Yvonne Ramirez-Browning, pargraph 4, Exhibits 2, 3) Maraha filed a Claim of Exemption on May 21, 2026 on Judicial Council form EJ-160. (Declaration of Yvonne Ramirz-Browning, Exhibit 4)

Several paragraphs of the EJ-160 are blank, creating uncertainty as to the legal and factual basis of Maraha's Claim of Exemption. However, Maraha also filled out and attached a financial statement to the Claim of Exemption. She and Tamraz signed the financial statement under penalty of perjury. The financial statement establishes that Maraha shares a home with her husband Fredy Tamraz and their minor children Ashur (age 15) and Inanna (age 14). Maraha is the only member of the household bringing in income.

Maraha declared that her gross monthly pay is $13,033 per month, and her take-home pay is $9357.72. She did not attach a paystub or other documentation to verify this amount. She further declared that she, her spouse and her dependents own two Chase bank accounts which together contained less than $1700 as of May 8, 2026, and a vehicle valued at $600. Maraha listed credit card debt of $44,4456.63 in the name of her husband Fredy Tamraz. She and Tamraz are joint debtors on a mortgage with a balance of $544,000.

According to Maraha, the family's monthly expenses exceed her take-home pay by approximately $5000 per month.

Discussion

Code of Civil Procedure 704.225 states: "Money in a judgment debtor's deposit account that is not otherwise exempt under this chapter is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor."

"If property is claimed as exempt pursuant to a provision exempting property to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor, the claim or exemption shall include a financial statement." (Code of Civil Procedure 703.530(a); see also, section 703.530, subd. (b), (c), which describe the information which must be included in the financial statement). [End of tenative ruling part 1 see part 2] = (302/CM) | |