Judge: Layne H. Melzer, Case: 2023-01329510, Date: 2023-08-17 Tentative Ruling

Petitioner Intelifund, LLC

Motion for an Order Approving Petition for Approval of Transfer of Structured Settlement Payment Rights

Tentative Ruling

Petitioner Intelifund, LLC (“Petitioner”) seeks approval for the transfer of certain structured settlement payment rights from Dane Rihner (“Payee”).  Petitioner seeks to transfer one payment of $30,318.74 to be paid on 11/9/2027 in exchange for $12,462.38.   

Petitioner did not comply with Insurance Code sections 10139.3, subdivision (e) and 10139.5, subdivision (e)(3) (“Neither the annuity issuer nor the structured settlement obligor may be required to divide any structured settlement payment between the payee and any transferee or assignee or between two or more transferees or assignees.”).  (RSL Funding, LLC v. Alford (2015) 239 Cal.App.4th 741, 746 and 748.) 

Petitioner did not show whether, when the settlement was completed, the future periodic payments that are the subject of the proposed transfer were intended to pay for the future medical care and treatment of the payee relating to injuries sustained by the payee in the incident that was the subject of the settlement and whether the payee still needs those future payments to pay for that future care and treatment.  (Ins. Code, § 10139.5, subd. (b)(6).) 

The petition is continued to October 19, 2023 at 2:00 PM in Department C12.  Petitioner shall address the above deficiency no later than September 1, 2023. 

Petitioner shall give notice.