Judge: Jon R. Takasugi, Case: 23STCP01384, Date: 2023-06-30 Tentative Ruling

Case Number: 23STCP01384    Hearing Date: June 30, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Petitioner’s petition to approve the transfer of structured settlement payments is GRANTED.

A petition for transfer of structured settlement payment rights must comply with insurance Code §§10136, 10137, 10138, 10139, 10139.3, and 10139.5.

Legal Standard

This Petition is governed by Insurance Code sections 10134–10139.5. (See also 321 Henderson Receivables Origination LLC v. Sioteco (2009) 173 Cal.App.4th 1059, 1066.)  Under Insurance Code section 10137, a transfer of structured settlement payment rights is void unless a court reviews and approves the transfer and finds the following conditions are met: 

a.                  The transfer of the structured settlement payment rights is fair and reasonable and in the best interest of the payee, taking into account the welfare and support of his or her dependents. 

b.                  The transfer complies with the requirements of this article and will not contravene other applicable law, and the court has reviewed and approved the transfer as provided in Section 10139.5. 

Pursuant to Insurance Code section 10139.5(a), the Court must make the following express findings as to a transfer of structured settlement payment rights: 

1.                  The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents. 

2.                  The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received that advice or knowingly waived receipt of that advice in writing. 

3.                  The transferee has provided the payee with a disclosure form that complies with Section 10136 and the transfer agreement complies with Sections 10136 and 10138. 

4.                  The transfer does not contravene any applicable statute or the order of any court or other government authority. 

5.                  The payee reasonably understands the terms of the transfer agreement, including the terms set forth in the disclosure statement required by Section 10136. 

6.                  The payee understands and does not wish to exercise the payee's right to cancel the transfer agreement. 

The transfer agreement is effective only upon approval in a final court order. (Ins. Code, § 10139.5, subd. (a).)   

Discussion

In exchange for $27,500.28, Lee has agreed to transfer and assign the right for one lump sum payment of $45,115.28 due on 11/2/2025.

            In order to approve a transfer of structured settlement payments, the Court must determine that the transfer of the structured settlement payments is fair and reasonable. (Henderson, supra, 173 Cal.App.4th at p. 1066.)

            Lee’s declaration provides the following: Lee is 27 years old. He is unmarried, has a 7 year old child who does not reside with him, he is currently unemployed, and is a student pursuing a degree in Business Administration from Liberty University. (Lee Decl. ¶ 8.) Lee is currently experiencing financial hardship, and states that if approved, he plans to use the money received to secure housing and purchase a reliable used vehicle. (Id.  ¶ 11.) He stated that the original settlement never contemplated that the payments would be put toward future medical care or treatment, and were solely monetary in nature and were not intended to provide for necessary living expenses. (Id.  ¶ 7.)

This Petition complies with all of the statutory obligations required by Insurance Code sections 10134 - 10139.5, including the following: 

1.      J.G Wentworth has provided Lee with a disclosure form that complies with section 10136, subdivision (b) (Pet., Exh. A); 

2.      The written transfer agreement complies with section 10136, subdivision (c) and section 10138 (Pet.); 

3.      Lee has been advised in writing to seek independent professional advice regarding the transfer and has waived his opportunity to obtain this advice (Decl., Exh E.); 

4.      JG Wentworth has complied with the requisite notification requirements set forth by section 10139, subdivision (a) and section 10139.5, subdivision (f); 

5.      The transfer agreement does not include any provisions prohibited by section 10138; 

6.      Lee reasonably understands the terms of the transfer agreement, including the terms set forth in the disclosure statement required by Section 10136; and 

7.      Lee understands and does not wish to exercise his right to cancel the transfer agreement. 

The transfer appears to be fair and reasonable and in the best interest of Lee. The transfer complies with the requirements of Insurance Code sections 10134 - 10139.5, and it will not contravene other applicable law. Moreover, the court has reviewed and approved the transfer as provided in Section 10139.5.

            Based on the foregoing, Petitioner’s petition to approve the transfer of structured settlement payments is granted.

It is so ordered.

Dated:  June    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.