Opinion
No. LA CV 09-00893-VBF-FFMx
08-11-2015
ALEJANDRO FRANCO, Plaintiff, v. MICHAEL GENNACO et al., Defendants.
ORDER Adopting the Magistrate Judge's Report and Recommendation; Sustaining Plaintiff/Judgment-Creditor's Objections to Defendant/Judgment-Debtor Chang's Claim of Exemption from Wage Garnishment; Overruling Plaintiff/Judgment-Creditor's Objections to Defendant/Judgment-Debtor Cordova's Claim of Exemption from Wage Garnishment; Denying Doc #284 (Defendant/Judgment-Debtors Request for Hearing on Claims of Exemption from Wage Garnishment)
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the records and files herein, and the Report and Recommendation ("R&R") Re: Plaintiff/Creditor's Objections to Defendants/ Debtors' Claims of Exemption - Wage Garnishments. No party has filed any written objections to the well-reasoned R&R. The Court concurs with and accepts the findings, conclusions and recommendations of Magistrate Judge Mumm.
The objections of plaintiff/creditor to defendants/debtors' claims of exemption are sustained in part and denied in part as follows: (1) Plaintiff/creditor's objections to defendant/debtor Davie Chang's claim of exemption under California Civil Code section 706.051 are SUSTAINED. Twenty-five percent of Chang's disposable earnings per pay period is subject to levy under the earnings withholding order at issue. (2) Plaintiff/creditor's objections to defendant/debtor Kris Cordova's claim of exemption under Section 706.051 are DENIED.
The Court found this matter to be suitable for disposition without oral argument. Accordingly, the Request for Hearing on Claim of Exemption from Wage Garnishments filed by defendants/judgment-debtors Chang, Cordova & Pimental (Doc #284) is DENIED. DATED: August 11, 2015
/s/_________
VALERIE BAKER FAIRBANK
United States District Judge