Judge: Blaine K. Bowman, Case: 37-2023-00024911-CU-PT-NC, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 26, 2023

10/27/2023  10:00:00 AM  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

The Petition for Approval of Transfer of Structured Settlement Payment Rights brought by petitioner J.G.

Wentworth Originations LLC (Petitioner), is DENIED. Having previously provided Petitioner with leave to amend and an opportunity to address the Court's concerns, the Court is not inclined to give additional opportunities to supplement that Petition. As such, an appearance by Payee is not required.

When this matter was last on-calendar, this Court required an appearance and requested specificity regarding certain topics, including: the viability of relocating, Payee's unemployed status, trading away of the most recent upcoming structured settlement payments when Payee has young children, and discussion with a financial planner. Payee Jaaziel Sandoval (Payee) has since provided an updated declaration outlining a few minor credit card debts, a larger debt to his mother (with whom he and his family live), one debt that has gone to collections, and the desire to rent a place of his own using the remaining funds. Payee does not appear to have sought a different payment structure, despite the Court's previous reference to the use of upcoming payments that are in the short or mid-term (2025 and 2030) rather than longer term (2035 or 2040), given that Payee currently has young children to provide for. The debt owed to Payee's mother is unclear in terms of how it came to be in that it appears to be for back rent, but Payee has not specified the amount of rent that his mother charges. Finally, though Payee proposes to use the remaining funds of roughly $21,000 to rent a place and furnish it, given rent values in San Diego this appears to be a rather short-term solution (perhaps at maximum one year of rent, and likely not even that after security deposit, etc.) to what appears to be a longer-term problem (the lack of income due to Payee's unemployed status).

The Court is sympathetic to Payee's overall situation and hardship, and the terms of the deal that have been presented reflect a quotient just shy of $0.70 on the dollar in terms of funds to be received immediately – a rate that appears reasonable to the Court. As such, the Court would be inclined to grant the Petition if Payee's stated purposes were more detailed (as to the debt owed to the mother), more realistic (as to the likelihood of renting in San Diego County), and demonstrated a pathway to success (such as using some of the money for trade school, for a used vehicle to be able to travel to and from a job site, or to move to a cheaper location where the money itself could be stretched much farther). As is stands, after having an opportunity to amend, the Petition fails to demonstrate the kind of prudence with the funds that would demonstrate that the transaction at issue is in the 'best interest' of the Payee – especially while the Payee has minor children to care for. For that reason, the Court denies the Petition at this time.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue Calendar No.: Event ID:  TENTATIVE RULINGS

3010168 CASE NUMBER: CASE TITLE:  IN RE PETITION OF: J.G WENTWORTH ORIGINATIONS, LLC  37-2023-00024911-CU-PT-NC the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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