Ratzlaff v. Portillo

Opinion

GARGANO, J.

Appellant is a judgment creditor who seeks to enforce a writ of execution against one-half of the earnings of his judgment debtor

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received for personal service rendered within 30 days next preceding the levy of the execution. The debt was incurred by respondent for the purchase of an automobile, and the only question presented in this appeal is whether the automobile is a “common necessary of life” within the ambit of the second, paragraph of section 690.11 of the Code of Civil Procedure. This section, in pertinent part, reads as follows:

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“One-half of the earnings of the defendant or judgment debtor received for his personal services rendered at any time within 30 days next preceding the levy of attachment or execution shall be exempt from execution or attachment without filing a claim for exemption as provided in Section 690.26.

“All of such earnings, if necessary for the use of the debtor’s family, residing in this State, and supported in whole or in part by such debtor unless the debts are: (a) incurred by such debtor, his wife or family, for the common necessaries of life; . . .”

Briefly, appellant argues, that an automobile is a common necessary of life, as a matter of law, because it is the means of transportation normally used by people to earn a living and to purchase groceries and other items substantially necessary to sustain fife. He also argues that even if an automobile is not a common necessary of fife, as a matter of law, it becomes one if it is actually used by the owner to go to and from work or to shop for groceries.

The term “necessaries” as applied to the requisites of life is a relative term. It is not, in short, confined to what is absolutely essential to support life, but when used in the broad sense encompasses many of the conveniences of a refined society (2 Bouvier’s Law Diet. (3d ed))„ However, in excepting debts incurred for the requisites of life from the exemption accorded to a debtor’s earnings, section 690.11 does not refer to “necessaries” in the broad sense. On the contrary, the phrase “necessaries of life” is preceded by the word “common” and this in turn connotates such things as are ordinarily required for the sustenance of