Judge Cherol J. Nellon, Case Number: 24STCP00752, Date: 2024-05-22 Tentative Ruling

Judge: Cherol J. Nellon, Case: 24STCP00752, Date: 2024-05-22 Tentative Ruling

Case Number: 24STCP00752 Hearing Date: May 22, 2024 Dept: 14

DECISION:

The First Amended Petition fails to provide the following information required by Insurance Code §10139.5(c):

Quivac’s address.
The name and address of Quivac’s minor child.
Quivac’s source of monthly income and financial resources

The First Amended Petition also relies on multiple Amended documents that were submitted after it was served and filed. Petitioner must submit a complete Second Amended Petition with all amended attachments and serve that complete Second Amended Petition on all interest parties. In addition, Petitioner should attach the Notice to Attorney identified in the Proof of Service. Finally, Quivac’s declaration in lieu of the settlement agreement improperly states that a copy is unavailable. Petitioner lodged a copy of the confidential settlement agreement with the court according to the Notice of Lodgment filed on May 15, 2024.

In order to assess whether the transfer is “fair and reasonable” and in Quivac’s best interest, Quivac’s source of monthly income and financial resources must be provided. In addition, JG Wentworth should explain the impact of the Notice of Lien on Quivac’s ability to transfer his payment rights.

JG Wentworth’s First Amended Petition for Transfer of Payment Rights is DENIED without prejudice.