Sun Ltd. v. Casey

Opinion

COMPTON, J.

In an unlawful detainer action Elana Casey suffered a default judgment against her in the amount of $4,533.40. The judgment creditor, pursuant to a writ of execution, seized her automobile worth $2,320. Her claim for exemption under Code of Civil Procedure section 690.4 was denied. She appeals. We reverse.

The creditor has filed no respondent’s brief, hence, we accept as true the facts in the appellant’s brief. (Cal. Rules of Court, rule 17(b).)

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Elana is a handicapped individual who uses a wheelchair. She is a licensed real estate saleswoman and uses her automobile to get herself and prospective buyers to and from listed properties.

Code of Civil Procedure section 690.2 exempts from execution, one motor vehicle with an equity value not to exceed $500. While this section is of little aid to Elana it is evidence of the Legislature’s recognition of the fact that the automobile is a basic form of transportation for all individuals and a fundamental need in this state. (See

Smith

v.

Rhea,

72 Cal.App.3d 361 [140 Cal.Rptr. 116].) Further, the prevailing policy in California is to construe exemption statutes liberally in favor of debtors.

(Independence Bank

v.

Heller,

275 Cal.App.2d 84 [79 Cal.Rptr. 868].)

Against this background we examine the statutory scheme of exemption as applied to an individual who uses a motor vehicle in pursuit of his or her employment.

Code of Civil Procedure section 690.4 provides: “To the maximum aggregate actual cash value of two thousand five hundred dollar^ (2,500), over and above all liens and encumbrances on such items at the, time of any levy of attachment or execution thereon, any combination of the following: tools, implements, instruments, uniforms, furnishings, books, equipment, one commercial fishing boat and net, one commercial motor vehicle reasonably necessary to and actually used in a commercial activity, and other personal property ordinarily and reasonably necessary to, and personally owned and used by, the debtor exclusively in the exercise of the trade, calling, or profession by which he earns his livelihood.”