Judge: Blaine K. Bowman, Case: 37-2023-00024911-CU-PT-NC, Date: 2023-08-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 16, 2023

08/17/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Petitions - Other Motion Hearing (Civil) 37-2023-00024911-CU-PT-NC IN RE PETITION OF: J.G WENTWORTH ORIGINATIONS, LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Petition, 07/24/2023

Having reviewed the Petition for Approval of Transfer of Structured Settlement Payment Rights brought by petitioner J.G. Wentworth Originations LLC (Petitioner), the Court has additional questions regarding some of the facts surrounding the petition and whether it is in the 'best interest' of payee Jaaziel Sandoval (Payee). As such, an appearance by the Payee is necessary to address the Court's additional questions. To allow the parties to prepare to address those questions, the Court is specifically interested in: --Payee's declaration indicates she intends to relocate – in order for the Court to assess the reasonableness of her being able to make a downpayment with only $25,000.00-$30,000.00 the Court needs to know the area to which Payee intends to move, --Payee's declaration indicates she intends to make a downpayment toward the purchase of a home using some of the funds, but the Petition does not include any advertisements or listings of comparable homes in the market where Payee intends to make her home purchase, while the Court does not require Payee to state the exact home she intends to purchase, some examples of listings and/or advertisements in the area where Payee intends to move are necessary in order for the Court to assess the credibility and reasonableness of the notion that $25,000.00-$30,000.00 can be a sufficient downpayment, --Payee's declaration indicates that she is unemployed and intends to use some of the money left over after the downpayment on her home to make the mortgage payments, but the Court is unaware of any lenders that will lend to a borrower without a proven source of income; as such, in order to assess the reasonableness and credibility of the plan to obtain a mortgage without employment, the Court requires some evidence that a lender exists that will make such a loan, --in terms of 'best interests,' the Court is somewhat troubled by the fact that Payee, who has minor children ages 1 and 4, is trading away her most recent upcoming payments for the instant transaction rather than those payments that are set farther out when she will no longer have minor children to care for, as it stands, trading away the monies that Payee is to receive in 2025 (two years away) and 2030 (7 years away) does not seem to be in her best interest given that she will still have minor children under her care during that time; instead, Payee has a larger sum for 2040 that seems like it could be sold in a manner that is more in her 'best interest' for caring for her family while she has minor children, --lastly, Payee indicates that she is experiencing financial hardship, but has expressly stated she does not wish to take advantage of her statutory right to consult a financial advisor at Petitioner's expense Calendar No.: Event ID:  TENTATIVE RULINGS

2990200 CASE NUMBER: CASE TITLE:  IN RE PETITION OF: J.G WENTWORTH ORIGINATIONS, LLC  37-2023-00024911-CU-PT-NC when free access to a financial planner would seem to be highly valuable to a person experiencing financial hardship – an explanation as to why Payee does not wish to seek professional financial advice at someone else's expense may help to clarify the Court's understanding of Payee's intentions and what is in her 'best interest.' Calendar No.: Event ID:  TENTATIVE RULINGS

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