Judge: Cynthia A Freeland, Case: 37-2023-00036498-CU-PT-NC, Date: 2023-09-29 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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SOUTH BUILDING TENTATIVE RULINGS - September 28, 2023
09/29/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Cynthia A. Freeland
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Civil - Unlimited  Petitions - Other Motion Hearing (Civil) 37-2023-00036498-CU-PT-NC PETITION FOR J.G. WENTWORTH IN RE: LARIDO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition - Other, 08/23/2023
Petitioner J.G. Wentworth Originations, LLC ('Petitioner')'s Petition for Approval of Transfer of Payment Rights (the 'Petition') is approved.
The court construes the lack of opposition by any interested party as a concession of the Petition's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, the court finds, under the totality of the circumstances, that: (1) the transfer is fair, reasonable, and in Linda Ladrido ('Payee')'s best interest, considering her dependents' welfare and support; (2) Petitioner has advised Payee in writing to seek independent professional advice regarding the transfer, and Payee has knowingly waived in writing the opportunity to receive such notice; (3) Petitioner has complied with California Insurance Code ('CIC') § 10139.5(f)(2)'s notice requirements; (4) Petitioner has provided Payee with a disclosure form that complies with CIC § 10136; (5) the transfer agreement complies with CIC §§ 10136 and 10138; (6) the transfer does not contravene any applicable statute or the order of any court or other government authority; (7) Payee understands the transfer agreement's terms, including those set forth in the CIC § 10136 disclosure statement; and (8) Payee understands and does not wish to exercise her right to cancel the transfer agreement. See Cal. Ins. Code §§ 10137(a)-(b), 10139.5(a)-(b).
In light of the foregoing, the court approves the Petition. Petitioner shall submit an order approving the Petition within ten (10) days of this hearing.
This is the tentative ruling for the hearing at 1:30 p.m. on Friday, September 29, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 29, 2023.
If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.
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3016375