Moses v. DeVersecy

Opinion

LOW, P. J.

Defendants Charles and Geraldine DeVersecy appeal from a decision of the superior court denying a claim of exemption. Defendants contend that the superior court erred when it ruled that Charles’s bank account was not exempt earnings within the definition of Code of Civil Procedure section 706.011 (formerly, Code Civ. Proc., § 723.011).

Plaintiffs Laurence and Madeline Moses were awarded $3,000 in a successful action for defamation against the defendants.

1

A writ of execution was obtained and the personal checking account of Charles DeVersecy was garnished. Charles DeVersecy is a self-employed certified public accountant. The defendants filed a claim of exemption, which the superior court ruled was not exempt.

I.

Code of Civil Procedure section 706.020 exempts the earnings of an employee from the payment of a debt incurred as the result of an adverse judgment. Code of Civil Procedure section 706.011, subdivisions (a) and (b) define “[ejarnings” and “[ejmployee” as follows: “(a) ‘Earnings’ means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise, [f] (b) ‘Employee’ means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done.”

[1074]

Defendants contend that the earnings of a self-employed certified public accountant fall within the definition of Code of Civil Procedure section 706.011 because Mr. DeVersecy’s clients can control his work. Defendants cite

Gamble

v.

Utley

(1927) 86 Cal.App. 414 [260 P. 930], for the proposition that an attorney’s earnings fall within the exemption of Code of Civil Procedure section 706.011.

Gamble