(Enforcement of Judgment)

[CCP §703.520]

Date: 3/13/20

Case: California Business Bureau Inc. v. Carmen E. Canjura et al. (EC 064535)


Judgment debtor Carlos Marquez’s claim of exemption is DENIED.

Under CCP § 703.580(b), at a hearing on a claim of exemption, “the exemption claimant has the burden of proof.” In meeting this burden, the one who claims the exemption must establish the right by evidence or facts; an affidavit which merely follows the language of the statute and states nothing more than conclusions of law is insufficient. (Le Font v. Rankin (1959) 167 Cal.App.2d 433, 435.) Because judgment debtor Carlos Marquez did not provide any financial statement or statement of facts showing how his checking and savings accounts are exempt from enforcement of judgment, the claim of exemption is DENIED.