Los Angeles Finance Co. v. Flores

110 Cal. App. 2d 850
CourtAppellate Division of the Superior Court of California
DecidedApril 22, 1952
DocketCiv. A. No. 7871
StatusPublished

This text of 110 Cal. App. 2d 850 (Los Angeles Finance Co. v. Flores) is published on Counsel Stack Legal Research, covering Appellate Division of the Superior Court of California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Los Angeles Finance Co. v. Flores, 110 Cal. App. 2d 850 (Cal. Ct. App. 1952).

Opinion

STEPHENS, J.

Plaintiff's assignor sold to defendant’s wife, for presentation to defendant as a birthday gift, a gold wrist watch for the price of $73.77. The sale was on [851]*851credit, and plaintiff has brought action to collect the amount due and has caused an attachment to be levied upon certain moneys due the defendant and which represent the earnings of defendant for his personal services during the preceding 30 days. Defendant filed a claim of exemption under Code of Civil Procedure, section 690.11, for the entire amount attached, together with appropriate affidavits, as provided in said section, to sustain his contention that the whole amount is required for the support of his family. The trial court allowed the claim of exemption for one-half only of the amount held, and from this order defendant appeals. It was stipulated by counsel “that if the claim (of plaintiff) was determined to be not for one of the common necessaries of life, that the exemption would lie and be granted in full.” To fully understand the circumstances, the following additional facts appear from defendant’s affidavit and are undisputed : that defendant resides in this state with his wife and two minor children who are dependent upon him for support ; that at the time the money involved herein was earned defendant’s average take-home earnings were approximately $228 per month, and that his necessary family expenses were in excess of that amount; that defendant had never owned a watch other than this one nor had any necessity for one; that he had no need for a watch in his work and had never worn this one at his place of employment except upon one occasion, and at that time accidentally broke the face thereof and had never had it repaired; and he concluded that it was not practical to wear a wrist watch in his particular work. The question presented herein is, should the order of the trial court, holding in effect that the claim of plaintiff was for a debt incurred by defendant or his wife for the common necessaries of life, be sustained 1 We have concluded that it should not.

The section of the statute which we are called upon to construe is as follows (following Code Civ. Proc., § 690, stating that the property mentioned in § 690.1 to 690.25 is exempt from execution or attachment, etc.) : (Code Civ. Proc., § 690.11) “One-half of the earnings of the defendant or judgment debtor received for his personal services rendered at any time within 30 days next preceding the levy of attachment or execution where such one-half is necessary for the use of the debtor, or his family supported in whole or in part by such debtor.

“All of such earnings, if necessary for the use of the [852]*852debtor’s family, residing in this State, and supported in whole or in part by such debtor unless the debts are: (a) Incurred by such debtor, his wife or family, for the common necessaries of life; or, (b) incurred for personal services rendered by any employee, or former employee, of such debtor. ’ ’

“ In construing statutory language, it is fundamental, if possible, to give effect to each sentence, phrase and word thereof.” (Whitley v. Superior Court (1941), 18 Cal.2d 75, 78 [113 P.2d 449]; Janise v. Bryan (1948), 89 Cal.App.2d Supp. 933, 936 [201 P.2d 466], and cases cited under [1] ; see Code Civ. Proc., § 1858.) It is to be noted that only in the second paragraph of the section quoted (the portion limiting the type of debt for which a part of the debtor’s earnings of the previous 30 days may be taken) does the word “common” appear in connection with and immediately preceding the word “necessaries”; nor do the words “of life” following that word appear elsewhere in any of the sections referred to except where there is a similar limitation upon an exemption. (See §§ 690.10 and 690.20.) It should also be noted that although the word “necessary” is used many times in the exemption sections (690 to 690.25 inclusive), the exact phrase “common necessaries of life” is used only three times and only in those provisions which limit the type of debt for which property of the debtor otherwise exempt may nevertheless be levied upon. If this indicates an intention on the part of the Legislature to give a particular meaning where this phrase is used as distinguished from the use of the single word necessary or necessaries, we must give effect to that meaning.

In Webster’s New International Dictionary, Second Edition, we find many definitions of the word “common,” among which are the following: “Belonging or pertaining to many or to the majority; general or prevalent”; “of frequent or ordinary occurrence or appearance; familiar by reason of frequency”; and among the synonyms we find: “Popular, universal, frequent, customary, usual, familiar.”

The word “necessary” used alone to modify what follows, as in section 690.2 “necessary household, table and kitchen furniture, . . . wearing apparel. ...” etc., has been given ■very liberal interpretation by the courts and now includes many things which would not ordinarily be considered as necessary in its strict sense of indispensable; indeed, the Legislature itself has indicated in the above section a somewhat liberal policy in considering what should be exempt in the [853]*853hands of the debtor, for it lists hanging pictures, a piano, a shotgun, a rifle and a radio. In 65 Corpus Juris Secundum 268, it is said: “The term ‘necessaries’ is not confined merely, to what is requisite barely to support life, but includes many of the conveniences of refined society, such as ornaments of dress which are usually worn by persons of rank and position.” In San Diego & Coronado Ferry Co. v. Railroad Com. (1930), 210 Cal. 504, 512 [292 P. 640], the Supreme Court, in discussing the meaning of the word necessity, as used in the Public Utilities Act, said: “The word connotes different degrees of necessity. It sometimes means indispensable; at others, needful, requisite, or conducive. It is relative rather than absolute. No definition can be given that would fit all statutes. The meaning must be ascertained by reference to the context, and to the objects and purposes of the statute in which it is found.”

In Sanker v. Humborg (1941), 48 Cal.App.2d 203 [119 P.2d 431], the court had before it the question of whether or not the whole of debtor’s earnings for personal services within the preceding 30 days should be exempted, plaintiff claiming that certain listed items of expenditure by the debtor could not be classed as necessaries. It did not involve the status of plaintiff’s claim under the clause now before us. At page 208, the court said: “Under the rule prevailing here, what is a necessary of life must depend largely on the circumstances of each case and the position of the family involved.” In re Estate of Millington (1923), 63 Cal.App. 498 [218 P. 1022], likewise involved only the question of whether or not certain articles in the hands of the debtor were exempt as necessary under the wording (now contained in Code Civ. Proc., § 690.2) of “necessary wearing apparel.” After discussing the two extreme views, the one that practically any jewelry, no matter how valuable, that one could wear on his or her person would come under such designation, and the other that it encompassed only actual clothing, the court said neither extreme was correct.

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Related

Whitley v. Superior Court
113 P.2d 449 (California Supreme Court, 1941)
In Re Estate of Millington
218 P. 1022 (California Court of Appeal, 1923)
Evans v. Noonan
128 P. 794 (California Court of Appeal, 1912)
Industrial Loan & Investment Co. v. Superior Court
209 P. 360 (California Supreme Court, 1922)
San Diego & Coronado Ferry Co. v. Railroad Commission
292 P. 640 (California Supreme Court, 1930)
Holmes v. Marshall
79 P. 534 (California Supreme Court, 1905)
Bailey v. Superior Court
11 P.2d 865 (California Supreme Court, 1932)
Sanker v. Humborg
119 P.2d 431 (California Court of Appeal, 1941)
Leavitt v. Metcalf
2 Vt. 342 (Supreme Court of Vermont, 1829)
Janise v. Bryan
89 Cal. App. Supp. 2d 933 (Appellate Division of the Superior Court of California, 1948)
Sellers v. Bell
94 F. 801 (Fifth Circuit, 1899)

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Bluebook (online)
110 Cal. App. 2d 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-finance-co-v-flores-calappdeptsuper-1952.