Case Number: YC068036??? Hearing Date: May 31, 2016??? Dept: S27
Defendant prevailed at trial and obtained a judgment for costs below $10,000.
Defendant and Judgment Creditor Winifred Sheppard moves for an assignment order of payments to be made to Plaintiff and Judgment Debtor William King from:
1. Propmaster Pension;
2. Cast and Crew;
3. Entertainment Partners;
4. SAG/AFTRA; and
5. ASCAP.
Attorney Horn submits a supporting declaration with the critical portions stated “on information and belief.” That is an evidentiary nullity.
Debtor does not object or deny his entitlement to receive monies, but asserts all funds from these entities are exempt under CCP section 704.115(b):
“All amounts held, controlled, or in process of distribution by a private retirement plan, for the payment of benefits as an annuity, pension, retirement allowance, disability payment, or death benefit from a private retirement plan are exempt.”
Creditor is correct that Debtor has the burden of proving the exemption, and there is no evidence supporting the opposition’s position.
The Court intends to continue this motion to June 30, 2016 for Judgment Debtor to provide evidence that some or all of the funds to be assigned are exempt.