Judge: Blaine K. Bowman, Case: 37-2023-00033252-CU-PT-NC, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 19, 2023

10/20/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Petitions - Other Hearing on Petition 37-2023-00033252-CU-PT-NC PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHT IN RE: A.J. [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition - Other, 08/04/2023

The Petition for Approval of Transfer of Structured Settlement brought by petitioner Guardian Settlement Funding LLC (Petitioner) is continued to Friday, November 17, 2023 at 1:30 p.m. in Department N-31. Petitioner may file additional briefing and/or an amended petition by on or before November 9, 2023. Failure to file such additional briefing by said deadline may result in the summary denial of the Petition.

The Petition as presented contains a number of blank lines in paragraph 1 of the Transfer Agreement, in some of the spaces in the bolded box of the 'Disclosure Notice Required by Law,' and in multiple paragraphs in the declaration made by the payee. Indeed, even the name of the Payee is omitted from the Petition. Without these critical pieces of information, the Court lacks sufficient information upon which to make a finding as to whether the transfer is in the 'best interests' of the Payee. (Insurance Code § 10139.5.) Moreover, even if all of the blank lines were filled-in, the Court requires additional information to assess whether the transfer is in the 'best interest' of the Payee. The declaration does not specify the terms of the existing structured settlement (i.e. the payment schedule upon which Payee is to receive the current payments). The declaration also does not specify whether Payee needs the existing payments for his continued maintenance, support, or care. It also does not specify whether Payee is still experiencing medical challenges or needing funds to cover expenses from the injury that occurred.

Additionally, though Payee indicates that he intends to use the money 'to pay off legal, medical, and consumer debt that has accumulated over the past couple of years,' he does not specify the amount of such debt. Without those amounts, the Court is unable to assess, in context, whether the proposed transaction is in the 'best interest' of Payee.

And, finally, Payee also indicates that he intends to 'use the remaining funds to purchase a new home.' Payee, however, does not specify any particular homes or price ranges or provide copy of any advertisements or listings of potential homes that would fit his needs and be in budget with the leftover monies.

Payee does indicate that his current sources of income are SSI and the annuity payments he currently receives. He also indicates that he is married with four children. Without knowing the exact amounts, the Court has concerns that permitting the annuity payments to be sold will reduce the monthly income of the family – a result which may not be in the best interest of Payee unless the financial picture (i.e. the amount of money Payee will be receiving, the amount of the various debts Payee intends to pay off, the Calendar No.: Event ID:  TENTATIVE RULINGS

3006372 CASE NUMBER: CASE TITLE:  PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED  37-2023-00033252-CU-PT-NC remaining amount to be used to purchase a home, and the listed amounts of comparable homes in the area where Payee intends to purchase).

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 the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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