Judge: Armen Tamzarian, Case: 24STCP02867, Date: 2024-10-23 Tentative Ruling

Case Number: 24STCP02867    Hearing Date: October 23, 2024    Dept: 52

Petitioner J.G. Wentworth Originations, LLC’s Verified Petition for Approval of Transfer of Payment Rights

Petitioner J.G. Wentworth Originations, LLC petitions for approval of transfer of structured settlement rights by payee Tyler Adkins.  The petition does not include all necessary information.  A petition must state “[t]he payee’s name, address, and age.”  (Ins. Code, § 10139.5(c)(1).)  The petition does not include Adkins’s address.  A petition must also state “[t]he payee’s marital status” (id., subd. (c)(2)) and must identify his “minor children or other dependents, if any” (id., subd. (c)(3)).  The petition does not do so.  It refers to information “as will best forth in the Declaration to be filed” (Amended Petition, p. 4) and refers to a declaration by Adkins listing his dependents (id., p. 5, ¶ 3).  The affidavit Adkins submitted, however, does not include that information.  (Supp. Ex. D, Adkins Affidavit.)   

The court needs this information before it can adequately consider the 15 enumerated factors in approving a transfer of structured settlement rights under Insurance Code section 10139.5, subdivision (b).

The “affidavit of Tyler Adkins” is also procedurally defective.  “An affidavit to be used before any court, judge, or officer of this state may be taken before any officer authorized to administer oaths.”  (Code Civ. Proc., § 2012.)  The affidavit begins, “I, Tyler Adkins, duly sworn, depose and say that…”  (Supp. Ex. D.)  The header and signature indicate Adkins electronically signed the document via Docusign.  The affidavit does not indicate it was taken before an officer authorized to administer oaths.  The affidavit also does not fulfill the alternative requirements to serve as a declaration under Code of Civil Procedure section 2015.5.

Disposition

Petitioner J. G. Wentworth Originations, LLC’s petition for approval for transfer of payment rights by payee Tyler Adkins is denied without prejudice.