YRC, Inc. v Davis
11-00402321
October 10, 2013
8:20 a.m.
Dept. 20
Judge Reid
Motion: Plaintiff's motion to impose liability for noncompliance with earnings withholding order (unopposed).
Tentative Ruling: DENY without prejudice. Discount Shutters, Inc. is not a party to this action and should have been personally served with notice of the hearing. Furthermore, plaintiff appears to have served an earnings withholding order which covers wages, but the remedy at CCP § 701.020 is for levies on property other than wages. Nor has plaintiff established Discount Shutters' liability as plaintiff variously claims defendant is its employee or president, neither of which contention is supported by evidence.
Notice: Defendant and Discount Shutters, Inc. were served by mail on 8/30/13, which is timely. However, this court lacks jurisdiction over Discount Shutters, Inc. so it should be personally served before judgment can be entered against it as proposed.
Grounds: CCP § 701.0