Diamond

The plaintiff recovered judgment against the defendant, a doctor of medicine, upon a promissory note executed by the latter in payment of office rent. Thereafter, pursuant to the provisions of Code of Civil Procedure, section 710, plaintiff levied upon wages due the defendant from both the city of Oakland and the county of Contra Costa.

The defendant moved to vacate this levy upon the ground that the entire amount not being “for the common necessaries of life” was exempt from execution. The matter was heard upon affidavits and upon the oral testimony of the defendant. The trial court ruled that the defendant’s entire earnings were exempt under Code of Civil Procedure, section 690.11. The plaintiff has appealed.

The appeal is upon the judgment roll and upon an agreed statement filed after oral argument pursuant to stipulation entered into by the parties at the time of oral argument.

The agreed statement recites the following facts:

The defendant’s average monthly net take-home pay is $637.57 and the necessary monthly expenses of the defendant and her three daughters are $706.

Under the above facts all of the debtor’s earnings received for her personal services rendered at any…