I. BACKGROUND 

This is a Petition for Approval for Transfer of Payment Rights. The First Amended Petition (the “Petition”) states as follows.    

Petitioner J.G. Wentworth Originators, LLC (“Petitioner”) brings this action on behalf of Angela Johnson (“Payee” or “Johnson”). On June 13, 2000, Johnson, by and through Monique Rigard Johnson as administratrix of the estate of Stephen Carlos Johnson, deceased, became entitled to certain structured settlement payments resulting from a claim for damages arising in connection with a wrongful death claim. If the Purchase Agreement is approved, Payee will transfer A) 60 monthly payments of $1,500.00 each, beginning on September 10, 2034 and ending on August 10, 2039 B) 60 monthly payments of $700.00 each, beginning on September 10, 2039 and ending on August 10, 2044, in exchange for Petitioner paying Johnson $35,250. 

Petitioner seeks an Order from this Court approving the transfer of payment rights pursuant to Insurance Code section 10134, et seq. 

II. PROCEDURAL HISTORY 

On June 11, 2024, Petitioner filed the Petition for Approval for Transfer of Payment Rights.   

On July 12, 2024, Petitioner filed the First Amended Petition for Approval for Transfer of Payment Rights. 

On July 16, 2024, Petitioner filed Amended Exhibits A and B to the Amended Petition. 

On July 24, 2024, Petitioner filed Notice of Filing of All Prior Petitions and All Prior Declarations. 

III. DISCUSSION 

Petitioner seeks an Order approving the transfer of payment rights pursuant to Insurance Code section 10134, et seq.¿¿ 

Pursuant to Insurance Code section 10137(a):¿¿ 

“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, will not contravene other applicable law, and the court has reviewed and approved the transfer as provided in Section 10139.5.”¿¿ 

Insurance Code section 10139.5 provides the factors to be considered by the court in determining whether to approve the transfer of a structured settlement. The Court will address each factor in turn. 

Petitioner avers that Payee is 28 years old, single, with no minor children, and is currently employed earning $5,000 - $15,000 quarterly. If the petition is approved, Payee would receive $35,250 from this transaction. 

The information provided by Petitioner is vague and ambiguous. The Court is unable to make any express findings as to whether the transfer is in the Payee’s best interest due to the lack of information from Payee. Petitioner asserts that Payee’s declaration would be filed in this matter. Petitioner filed Payee’s prior declarations in other petitions for approval, but the Court is unable to locate any declaration from Payee pertaining to the current petition. 

Insurance Code section 10139.5(a)(1) is not satisfied. 

Petitioner attaches a California Statement of Professional Representation signed by Payee, indicating that Petitioner advised Payee that she should obtain independent professional representation concerning this transaction, and that she does not wish to seek out such representation. (Amended Mot.; Exh. D.) 

Insurance Code section 10139.5(a)(2) is satisfied. 

Petitioner has complied with the notification requirements and has attached a disclosure form that complies with Section 10136 and a transfer agreement that complies with sections 10136 and 10138. (Amended Exhs. A & B.)  

Insurance Code section 10139.5(a)(3) is satisfied. 

The transfer generally complies with statutory requirements, and there is no evidence that it contravenes the order of any court or other government authority. However, given the missing information and exhibits, the Court cannot determine whether this requirement is satisfied. 

Insurance Code section 10139.5(a)(4) is not satisfied. 

Payee signed the Transfer Agreement directly under a statement advising him of his right to cancel the agreement. However, there is no other information, such as an affidavit from Payee, demonstrating Payee’s understanding. 

Insurance Code section 10139.5(a)(5) is not satisfied. 

For the same reasons as above, the Court is unable to make any express findings on this factor due to the lack of declaration from Payee relevant to this matter. 

Insurance Code section 10139.5(a)(6) is not satisfied. 

Insurance Code section 10139.5(b) provides further factors for the Court’s consideration, under the totality of the circumstances, in determining whether the proposed transfer should be approved. The Court need not address this portion yet, considering the lack of accompanying declaration from Payee.