Alejandro Franco v. Michael Gennaco et al

Filing 280

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 277 . IT IS ORDERED that the objections of plaintiff/creditor to defendants/debtors� 39; claims of exemption are denied in part as follows: (1) Defendants/debtors' claims of exemption based on California Code of Civil Procedure sections 706.050 and 706.051 are denied. (2) Defendants/debtors claims of exemption based on Californi a Code of Civil Procedure section 704.070(b)(2) are granted and denied as follows: (a) Davie Chang's claim of exemption in his OCCU savings account is granted in the amount of $782.33. His claim of exemption in his Chase account is denied. (b) Gabriela Pimental's claim of exemption in her Bank of America account is granted in the amount of $356.38. (c) Anthony Pimental's claim of exemption in his Wells Fargo account is granted in the amount of $105.32. (d) Kris Cordova's claim of exemption in his Wells Fargo account is granted in the amount of $113.42. (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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10 ALEJANDRO FRANCO,
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Plaintiff,
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v.

13 MICHAEL GENNACO et al.,
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Defendants.
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No. LA CV 09-00893 VBF-FFMx
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the records

17 and files herein, and the Report and Recommendation Re: Plaintiff/Creditor’s Objections
18 to Defendants/ Debtors’ Claims of Exemption. Neither plaintiff nor defendants/judgment
19 debtors have filed any written Objections to the Report. The Court concurs with and
20 accepts the findings, conclusions and recommendations of the Magistrate Judge.
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IT IS ORDERED that the objections of plaintiff/creditor to defendants/debtors’

22 claims of exemption are denied in part as follows:
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(1)

Procedure sections 706.050 and 706.051 are denied.

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Defendants/debtors’ claims of exemption based on California Code of Civil

(2)

Defendants/debtors claims of exemption based on California Code of Civil
Procedure section 704.070(b)(2) are granted and denied as follows:

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(a)

Davie Chang’s claim of exemption in his OCCU savings account

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is granted in the amount of $782.33. His claim of exemption in

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his Chase account is denied.

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(b)

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account is granted in the amount of $356.38.
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Gabriela Pimental’s claim of exemption in her Bank of America

Anthony Pimental’s claim of exemption in his Wells Fargo
account is granted in the amount of $105.32.

(d)

Kris Cordova’s claim of exemption in his Wells Fargo account
is granted in the amount of $113.42.

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11 DATED:

March 23, 2015

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VALERIE BAKER FAIRBANK
Senior United States District Judge

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