Nature of Proceedings: Claim of Exemption
Santa Barbara County Superior Court
Civil Law & Motion
Judge Colleen K. Sterne, Department 5

December 2, 2013

CASE: Carla O’Neill, et al. v. David Hamer, et al., Case No. 1370063 MATTER: Claim of Exemption

TENTATIVE RULING: Robin Hamer’s claim of exemption is denied. However, the amount of the earnings withholding order shall be limited to $156.00 every two-week pay period.

DISCUSSION:

This was an unlawful detainer action brought by plaintiffs Carla O’Neill and Paul Nielson, Trustees of the Ann Neilson 2000 Trust against defendants David Hamer, Robin Hamer, and Levi Hamer. Defendants failed to respond to the complaint and their defaults were taken. On July 20, 2010, a default judgment in the amount of $10,615.50 for past due rent, attorney’s fees, and costs (possession was not an issue as defendants had already vacated the premises) was entered against defendants. That same day, plaintiffs obtained a writ o