Le Font v. Rankin

VALLÉE, J.

Appeal from an order denying the claim of defendant James H. Morrison for an exemption of half of his earnings, averred to have been received by him for his personal services rendered within 30 days of the levy of an attachment.

The complaint, filed November 9, 1955, alleged a common count for money had and received. On filing the complaint, plaintiff filed an affidavit for a writ of attachment alleging Morrison was indebted to plaintiff on an implied-in-law contract for the direct payment of money. A writ of attachment issued and was served on a number of banks the following day. Seven hundred and six dollars and ninety-six cents was attached in four bank accounts.

On September 11, 1957, nearly two years later, Morrison filed an “Exemption Claim For Earnings Under Section 690.11, C.C.P.” stating that the $706.96 were his earnings for personal services rendered within 30 days next preceding the levy and that they were necessary for the use of his family, consisting of himself and his wife. Plaintiff filed a counteraffidavit stating the moneys attached were not earnings for personal services rendered within 30 days next preceding the levy; on information and belief, the moneys attached were on deposit in the banks for longer than 30 days prior to the levy. Morrison filed a supplemental affidavit stating he was self-employed as a tax consultant and the earnings were from fees for such services; he deposited in one of the banks “fees for personal services rendered to his clients in the amount of $115.00 on November 4, 1955”; he deposited in another of the banks “fees for personal services rendered to

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his clients as follows: $50.00 on November 4, 1955, $340.00 on November 7, 1955, and $200.00 on November 8, 1955”; the amounts of $59.96 and $6.14, held under attachment in two other banks, “were earnings derived from personal services rendered by affiant to his clients.”

On motion of appellant Morrison, a hearing was had to determine the claim of exemption. The court denied the claim. Morrison appeals from the order.

Morrison first asserts his earnings as a tax consultant are earnings for personal services within the meaning of section 690.11 of the Code of Civil Procedure. The point is not in issue. Plaintiff concedes that the earnings of a self-employed person, whether he be a professional man or not, are earnings for personal services within the meaning of section 690.11.