Case Number:
20STCV01645
Hearing Date:
December 07, 2020
Dept:
39
[TENTATIVE] RULING
:
As the party seeking an exemption, Defendant bears the burden of proof.
See
Code Civ. Proc. § 703.580(b).
Defendant’s claim of exemption and submitted financial statement contain inconsistencies and ambiguities, and is insufficient to establish good cause for the requested exemption.
For example, while Defendant does not identify owning any cars or other vehicles or any real estate equity in paragraph 3(c) and 3(d) of his Financial Statement, Defendant identifies $1,434.59 in monthly transportation and auto expenses and debts related to a Mercedes Benz vehicle as well as expenses that appear related to his ownership of real property.
Claim ¶¶ 4-5.
Defendant further contends he recently sold two rental properties, but this contention is inconsistent with the total monetary assets identified in paragraph 3 of his Financial Statement.
As the court finds the subm
Hearing Date
December 07, 2020
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Case Number:
20STCV01645
Hearing Date:
December 07, 2020
Dept:
39
[TENTATIVE] RULING
:
As the party seeking an exemption, Defendant bears the burden of proof.
See
Code Civ. Proc. § 703.580(b).
Defendant’s claim of exemption and submitted financial statement contain inconsistencies and ambiguities, and is insufficient to establish good cause for the requested exemption.
For example, while Defendant does not identify owning any cars or other vehicles or any real estate equity in paragraph 3(c) and 3(d) of his Financial Statement, Defendant identifies $1,434.59 in monthly transportation and auto expenses and debts related to a Mercedes Benz vehicle as well as expenses that appear related to his ownership of real property.
Claim ¶¶ 4-5.
Defendant further contends he recently sold two rental properties, but this contention is inconsistent with the total monetary assets identified in paragraph 3 of his Financial Statement.
As the court finds the subm