Universal Home Improvement v. Robertson
Defendants and judgment debtors James and Katherine Robertson appeal from an order of the San Mateo County Superior Court, denying James’s claim of exemption from wage garnishment. Defendants contend the court erred in denying the claim of exemption of earnings necessary for the support of the judgment debtor and his family. (Code Civ. Proc., § 706.051, subd. (b).[1]) They contend that they complied with statutory requisites by filing the claim of exemption and financial statement (§§ 706.105, subd. (b)), that the only evidence in the record was the financial declaration of James in support of the claim of exemption, and that the court was therefore required to apply the presumption the judgment debtor fairly and honestly claimed the exemption in the absence of evidence of fraudulent purpose. Finally, defendants contend that even if plaintiff’s specific objections to particular expenditures were properly denied, they would amount to only $210, so that even removing that amount, a shortfall of more than $1,800 between defendants’ income and expenses would make those items irrelevant.
Plaintiff Universal Home Improvement, Inc. argues that because the record before us does not contain a reporter’s transcript of the hearing, defendants cannot challenge the sufficiency of the evidence on appeal. Plaintiff further contends defendants have waived the issues raised by this appeal by failing to first present them to the trial court. Alternatively, plaintiff argues substantial evidence supports the order denying the claim of exemption. Finally, plaintiff seeks sanctions for the filing of a frivolous appeal and for defendants’ failure to include in the record a “register of actions†required by Rules 8.122(b)(1) and 8.124(b)[2].)
We shall affirm the order and deny the request for sanctions.
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