Judge: Michael D. Washington, Case: 37-2024-00004401-CU-PT-NC, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - March 28, 2024

03/29/2024  10:30:00 AM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Petitions - Other Hearing on Petition 37-2024-00004401-CU-PT-NC PETITION OF GULF PINE CLOSING LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Petition, 03/12/2024

An appearance is necessary by the Payee on the Petition for Approval of Transfer of Structured Settlement Payment Rights brought by petitioner Intelifund LLC (Petitioner).

Petitioner entered into an agreement with payee Osvaldo Duenas (Payee) in which Petitioner will pay $20,407.89 to Payee immediately upon entry of an order by this Court granting the Petition, and, in return, Payee will be selling the rights to receive future payments totaling $50,000.00.

While the Petition generally appears to be in order such that the Court can make the of the necessary findings, including the following: --that the Payee has been advised in writing to seek independent professional advice, --that the Payee has been provided with a disclosure form consistent with Insurance Code § 10136 --that the transfer agreement complies with Insurance Code § 10138, and --that the transfer does not contravene any applicable law, court order, or governmental authority However, to fully approve a petition of this nature, the Court must also be able to make the finding that the sale transfer is in the 'best interest' of the Payee. Here, Payee is 18 years of age and looking to use the funds to pay off school-related debts and purchase tools of the trade to open a barber business.

Payee also has indicated an anticipated $1,920.00 weekly income once established as a barber – though that assumes working 6 days per week and having consistent clientele. An appearance by the Payee is necessary to provide additional information to the Court about: --alternative sources of funding Payee may have considered such as student loans or small business loans --the realities of income anticipated in the barber business where clientele may be uneven or where 6-day work-weeks may not be the norm Upon satisfactory answers regarding these concerns, the Court is prepared to grant the Petition.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

Calendar No.: Event ID:  TENTATIVE RULINGS

3091309