Judge: Holly J. Fujie, Case: 24STCP03263, Date: 2024-12-04 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 24STCP03263    Hearing Date: December 4, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner CBC Settlement Funding, LLC  

RESPONDING PARTY: None

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

Respondent/Transferor Domingo Munoz (“Respondent”) entered into a Settlement Agreement and Release in 2002, which included future periodic payments in the form of monthly payments. (First Amended Petition, Exhibit F.)

On October 11, 2024, Petitioner CBC Settlement Funding, LLC (“Petitioner”) filed a Petition for Approval of the Transfer of Structured Settlement Payment Rights by Respondent to Petitioner or its assignee. 

On October 18, 2024, Petitioner moved for approval of the transfer of certain structured settlement payment rights by Respondent to Petitioner or its assignee. 

On November 21, 2024, Petitioner filed a First Amended Petition. 

All petitions for approval of structured settlement payment rights must be filed by the transferee in the county where the payee is residing at the time of the agreement, or if the payee is domiciled outside of California, in the county of the settlement obligor or annuity issuer.  (Ins. Code, § 10139.5, subd. (f)(1).)  All court costs and filing fees must be paid by the transferee.  (Id., § 10139.5, subd. (g).)  At least 20 days before the hearing on the petition, the transferee must “file with the court and serve on all interested parties a notice of the proposed transfer and the petition for its authorization.”  (Ins. Code, § 10139.5, subd. (f)(2).) 

The hearing on the instant Motion is set for December 4, 2024, which is less than the statutorily mandated 20 days after the filing of the First Amended Petition. As such, the Court continues the hearing on the First Amended Petition to December 18, 2024 at 8:30 am.  Respondent is ordered to be present, either in person or virtually, at the hearing so that the Court may examine him as to the merits of the First Amended Petition.

Petitioner is ordered to give notice of this ruling.

         Dated this 4^th day of December 2024