HEARING ON CLAIM OF EXEMPTION
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 (TENTATIVE RULING ONLY)
"In determining an exemption based on the needs of the judgment debtor and the spouse and dependents of the judgment debtor the court shall take into account all property of the judgment debtor and all property of [his] spouse and dependents or family, including community property and separate property of the spouse, whether or not such property is subject to enforcement of the money judgment." (Code of Civil Procedure 703.115)
Although Maraha's EJ-160 Claim of Exemption is not completely filled out, it can be inferred from the attached financial statement that she contends the funds in Chase deposit account 0496 are exempt because they are necessary for her support, as well as the support of judgment debtor Tamraz and their two children.
Wells Fargo argues that the Claim of Exemption should be disregarded because the claim and financial statement are unsupported by "bank statements, letters or agreements," and because Maraha did not substantiate her income or proof of expenses. (Declaration of Yvonne Ramirez-Browning, paragraphs 5-7)
However, the case Wells Fargo cites (for this proposition (Benavidez v. San Jose Police Department (1999) 71 CA 4th 853, 860-863) did not involve a claim of exemption, and therefore is not on point.
Based on a review of the Claim of Exemption and the financial statement, the court finds that claimant Ninwe Maraha met her burden to show that funds in Chase deposit account 0496 are necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. Thus, her Claim of Exemption as to the funds in said account is granted. (Code of Civil Procedure 704.225)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.)
To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. (end of tentative ruling part 2 of 2) = (302/CM) |