RESURGENCE FINANCIAL. LLC VS JOSEFINA C. VILLA ET AL.

06AM07675: RESURGENCE FINANCIAL. LLC VS JOSEFINA C. VILLA ET AL. 09/02/2026 Hearing on Claim of Exemption/Third-Party Claim in Department 8D

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Department 8D Oral Argument Request Line at (916) 874-7719 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

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The Department 8D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16113421868 and the Zoom Meeting ID is 161 1342 1868. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be

06AM07675: RESURGENCE FINANCIAL. LLC VS JOSEFINA C. VILLA ET AL. 09/02/2026 Hearing on Claim of Exemption/Third-Party Claim in Department 8D

signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ***

This matter is CONTINUED on the Court’s own motion to October 19, 2026, at 1:30 p.m. in this department.

This is a bank levy in which judgment debtor Josefina Villa (“Judgment Debtor”) has filed a claim of exemption. Judgment creditor Resurgence Financial LLC opposes.

The burden falls on the Judgment debtor to show that the funds are exempt under the Code of Civil Procedure. Among other things, a claim of exemption must specify the statutory basis for the claimed exemption. (Code Civ. Proc., § 703.520, subd. (b)(5).) A judgment debtor has the burden of tracing an exempt fund. (Code Civ. Proc. §703.080.) Exemptions pertaining to funds in deposit accounts are available for paid earnings, certain government benefits, and when other exemptions may be traced by the debtor into the debtor's bank account. (See Code Civ. Proc., §§ 703.080, 704.070, 704.080.)

As an initial matter, it is unclear from the Claim of Exemption, form (EJ-160), on what basis Judgment Debtor is seeking an exemption. Judgment Debtor asserts that she is “not the judgment debtor named in the notice of levy,” asserting that she is “divorced from Sergio Villa.” However, the Register of Actions shows that Judgment Debtor was a named party on the Judgment entered on February 1, 2007. Similarly, Judgment Debtor is named as the “Judgment debtor” on the Application and Renewal of Judgment, filed on January 23, 2017. The facts that her dissolution of marriage was entered in November 2025 and that she was incarcerated from 2008-2021 do

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

06AM07675: RESURGENCE FINANCIAL. LLC VS JOSEFINA C. VILLA ET AL. 09/02/2026 Hearing on Claim of Exemption/Third-Party Claim in Department 8D

not, on this procedural posture, demonstrate that she is not a valid party for the levy.

Further, Judgment Debtor checks boxers regarding potentially exempt property, but then lists “N/A” under the boxes marked. She does not mark the box that “Some or all of my property is exempt because it is needed to support me and my spouse and dependents.” Nevertheless, it appears that Judgment Debtor is arguing that she needs access to the levied account “for daily living.”

However, to date, Judgment Debtor has provided no documentary evidence sufficient to support exemption. Judgment Debtor attached a financial statement apparently to claim a financial hardship. This is insufficient to support the exemption sought. The mere submission of a financial statement does not create such an exemption. (See Code Civ. Proc. §703.530, subd. (a).)

Judgment Debtor must provide a declaration with any applicable bank records of the account levied upon reflecting the source of the deposits in addition to identifying the source of the exemption (including the statutory basis) and the date of the levy. The Court will provide Judgment Debtor another opportunity to do so. Judgment Debtor shall file and serve the supporting documentation reflecting the source of the deposits no later than October 5, 2026, so the Court can make an appropriate determination on the claim of exemption.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)