United States v. Kevin William Durnell
Opinion
Trial Court Opinion
I. INTRODUCTION AND BACKGROUND
On May 10, 2012, a criminal judgment was entered against defendant Kevin William Durnell, requiring him to pay $100,000. in restitution as well as a $100. special assessment. See United States v. Durnell, Case No. 5:11-cr-00092 (C.D. Cal.), Dkt. 28. On August 20, 2019, plaintiff the United States of America (“the government’) filed this civil action, seeking an order issuing a writ of continuing garnishment in order to secure payment on the criminal judgment entered against Kevin Durnell. See Dkt. 1.' The government contends that, as of August 16, 2019, the balance of Kevin Durnell’s criminal debt remains $87,313.00. Id. at 1. Accordingly, the government seeks to garnish the salaries of both Kevin Durnell, and those of Stephanie Durnell, whom the government understood to be Kevin Durnell’s spouse.” Id.
Unless otherwise specified, references are to the docket in the government’s civil writ of garnishment action. ? The government contends that, pursuant to California law, 1t may garnish the wages of Stephanie Durnell to secure payment on Kevin Durnell’s criminal judgment because