Bill Text: CA AB3283 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Enforcement of judgments: claims of exemption.

Spectrum: Committee Bill

Status: (Passed) 2024-09-12 - Chaptered by Secretary of State - Chapter 229, Statutes of 2024. [AB3283 Detail]

Download: California-2023-AB3283-Introduced.html

---

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3283

---

Introduced by Committee on Judiciary (Assembly Members Kalra (Chair), Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, and Reyes)

February 29, 2024

---

An act to amend Section 703.580 of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL'S DIGEST

AB 3283, as introduced, Committee on Judiciary. Enforcement of judgments: claims of exemption.

Existing law provides that property that has been levied upon in a civil action may be claimed as exempt by a judgment debtor who files a claim of exemption with the levying officer. Existing law requires a judgment creditor who opposes a claim of exemption to file with the court a notice of opposition to the claim of exemption and a notice of motion for an order determining the claim of exemption. Existing law provides that filing an exemption and notice of opposition of a claim to exemption constitute pleadings. Existing law provides that a defendant makes an appearance in a civil action when the defendant files certain pleadings or motions, such as an answer to a complaint.

This bill would instead provide that a claim of exemption and notice of opposition to a claim of exemption do not constitute an appearance, and would limit the court’s power over the claimant to deciding the claim of exemption.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 703.580 of the Code of Civil Procedure is amended to read:

703.580.

 (a) The claim of exemption and notice of opposition to the claim of exemption do not constitute the pleadings, subject to the power of the court to permit amendments in the interest of justice. an appearance pursuant to Section 1014. The power of the court over the exemption claimant is limited to determining the claim of exemption.

(b) At a hearing under this section, the exemption claimant has the burden of proof.

(c) The claim of exemption is deemed controverted by the notice of opposition to the claim of exemption and both shall be received in evidence. If no other evidence is offered, the court, if satisfied that sufficient facts are shown by the claim of exemption (including the financial statement if one is required) and the notice of opposition, may make its determination thereon. If not satisfied, the court shall order the hearing continued for the production of other evidence, oral or documentary.

(d) At the conclusion of the hearing, the court shall determine by order whether or not the property is exempt in whole or in part. Subject to Section 703.600, the order is determinative of the right of the judgment creditor to apply the property to the satisfaction of the judgment. No findings are required in a proceeding under this section.

(e) The court clerk shall promptly transmit a certified copy of the order to the levying officer. Subject to Section 703.610, the levying officer shall, in compliance with the order, release the property or apply the property to the satisfaction of the money judgment.

(f) Unless otherwise ordered by the court, if an exemption is not determined within the time provided by Section 703.570, the property claimed to be exempt shall be released.