VELOCITY INVESTMENTS, LLC VS. AZUCENA JIMENEZ-MALDONADO ET AL

Set for Law and Motion/Discovery Calendar on Friday, February 13, 2026, Line 9.

Defendant and Judgment Debtor Azucena Jimenez-Maldonado's claim of exemption to Plaintiff and Judgment Creditor Velocity Investments, LLC's levy on certain earnings is GRANTED.

Plaintiff and Judgment Creditor's notice of opposition is not properly before the court. Plaintiff and Judgment Creditor failed to timely file copies of its notice of opposition to the claim of exemption and notice of motion for an order determining the claim of exemption with the levying officer. (See Code of Civil Procedure section 703.550(a).) "If copies of the notice of opposition and notice of motion are not filed with the levying officer within the time allowed, the levying officer shall immediately release the property to the extent it is claimed to be exempt." (Id.) This is precisely what happened here, which is why SCSO is currently holding $50.

In any event, Plaintiff and Judgment Creditor's objection to Defendant and Judgment Debtor's claim of exemption is overruled. The levying officer is ordered to release the $50 held to the Plaintiff and Judgment Creditor. The Future withholding (levy) shall be $50 per pay period to be released to the Plaintiff and Judgment Creditor, such withholding shall occur until the judgment is satisfied.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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.

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 contestdept302tr@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 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. =(302/JMQ) | |