CLAIM OF EXEMPTION
August 5, 2026 Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________ Case Title / Nature of Case 2:00 PM LINE 1 17-CLJ-03761 PERSOLVE, LLC VS. EVELYN A. ALVAREZ, ET AL
PERSOLVE, LLC NADER SABAWI EVELYN A. ALVAREZ
CLAIM OF EXEMPTION
TENTATIVE RULING:
Evelyn Alvarez’s claim of exemption is GRANTED.
Judgment creditor Persolve Legal Group, LLP objects to the claim of exemption filed by judgment debtor Evelyn Alvarez. On December 20, 2017, Persolve, LLC obtained a judgment in the amount of $3,567.10 against Alvarez, which was later assigned to Persolve Legal Group, LLP
California Code of Civil Procedure, section 706.050 provides, in pertinent part, that garnishment of the wages of an employee is limited to the lesser of 20 percent of the disposable earnings of an individual judgment debtor for any workweek subject to levy (except for certain high earners). The term “disposable earnings” is defined as “the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law.” (Code Civ. Proc., § 706.011, subd. (a).)
The burden of proof is on the judgment debtor to demonstrate that the property to be levied on is exempt in whole or in part. (Code Civ. Proc., § 703.580.) Alvarez has submitted a financial statement. Persolve objects to Alvarez’s $900/month clothing expense, and $850/month utilities and telephone expense. Persolve states that 20% of Alvarez’s biweekly disposable income is $437.07 (that is, 20% of her net biweekly income of $2,185.37) and seeks $159.90 of Alvarez’s “net disposable biweekly income.”
Alvarez is the single parent of four minor children. She does not receive child support, and states that the children’s other parent is unemployed. Her expenses are not unreasonable for five people. Indeed, she has not reported monthly payments for medical or dental expenses, although she recently took all four children to the dentist, and still owes for an emergency room visit for her son.
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Based on her representation, the court finds that Alvarez’s income is necessary to support herself and her family, that is, her four minor children. (Code Civ. Proc., § 706.051.)
August 5, 2026 Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________ If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, judgment creditor’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.
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