TENTATIVE RULING

Calendar:    1

Date:               11/17/2023

Case No: 23 GDCP00187

Case Name: Apollo Mathers, LLC v. Certain Statutory Interested Parties, etc.

PETITION FOR APPROVAL FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS

Moving Party:               Petitioner Apollo Mathers, LLC    

Responding Party:    No Opposition

RELIEF REQUESTED:

ANALYSIS:

Procedural

No Declaration of Payee/Transferor

The file does not include a declaration of the payee/transferor Andres Olvera providing critical information in this matter. 

“(c) Every petition for approval of a transfer of structured settlement payment rights, except as provided in subdivision (d), shall include, to the extent known after the transferee has made reasonable inquiry with the payee, all of the following:

 (1) The payee's name, address, and age.

 (2) The payee's marital status, and, if married or separated, the name of the payee's spouse.

 (3) The names, ages, and place or places of residence of the payee's minor children or other dependents, if any.

 (4) The amounts and sources of the payee's monthly income and financial resources and, if presently married, the amounts and sources of the monthly income and financial resources of the payee's spouse.

 (5) Whether the payee is currently obligated under any child support or spousal support order, and, if so, the names, addresses, and telephone numbers of any individual, entity, or agency that is receiving child or spousal support from the payee under that order or that has jurisdiction over the order or the payments in question.”

Here, without the declaration, the court has no information from a person with personal knowledge concerning marital status, dependents, income, or support obligations.   In addition, without the declaration there is no information from the payee concerning the payee’s medical condition, what the funds are to be used for, and other information the court is required to consider approving the transfer.  

Under Insurance Code § 10139.5:

“(f)    

(1) A petition under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and brought in the county in which the payee resides at the time the transfer agreement is signed by the payee, or, if the payee is not domiciled in California, in the county in which the payee resides or in the county where the structured settlement obligor or annuity issuer is domiciled.

 (2) Not less than 20 days prior to the scheduled hearing on any petition for approval of a transfer of structured settlement payment rights under this article, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the petition for its authorization, and shall include the following with that notice:…”

(Emphasis added). 

Accordingly, this court has entered an order on the court website, under Notice to All Counsel Re: Petitions for Approval of Transfer of Structured Settlement Payment Rights, last dated October 5, 2023, which provides, in pertinent part:

1. General Order:

A Petition for Approval of a Transfer of Structured Settlement Payment Rights filed in Department D must be complete before consideration by the Court.  Although the petition may be superseded by a First Amended Petition and/or supported by subsequent filings which are filed and served after the filing of the Petition commencing the petition process, any documents not included in the original petition must be filed and served no less than 20 days prior to the date scheduled for hearing, pursuant to Insurance Code § 10139.5 (f)(2).

 

2. Required Documents:   No less than 20 days prior to the hearing date on the petition, the petitioner shall file and serve the following required documents:…

c. Information required pursuant to Insurance Code § 10139.5 (c), to the extent known after the transferee has made reasonable inquiry with the payee, and by this Court to be included in a declaration under penalty of perjury of the payee of the following information:

1. The payee’s name, address, and age.  

2. The payee’s marital status, and, if married or separated, the name of the payee’s spouse.

3. The name, ages, and place or places of residence of the payee’s minor children or other dependents, if any.

4. The amounts and sources of the payee’s monthly income and financial resources and, if presently married, the amounts and sources of the monthly income and financial resources of the payee’s spouse.   

5. Whether the payee is currently obligated under any child support or spousal support order, and, if so, the names, addresses, and telephone numbers of any individual, entity, or agency that is receiving child or spousal support from the payee under that order or that has jurisdiction over the order or the payments in question.

6. Information regarding previous transfers or attempted transfers, as described in Insurance Code § 10139.5 (b) paragraphs (11), (12), or (13).  The transferee or payee may choose to provide this information by providing copies of pleadings, transaction documents, or orders involving any previous attempted or completed transfer or by providing the court a summary of available information regarding any previous transfer or attempted transfer, such as the date of the transfer or attempted transfer, the payments transferred or attempted to be transferred by the payee in the earlier transaction, the amount of money received by the payee in connection with the previous transaction, and generally the payee's reasons for pursuing or completing a previous transaction.  The Court requires the payee’s declaration to specify the reasons for pursuing and completing any of the previous transactions. 

d.  Information needed by the Court to determine whether the proposed transfer should be approved, considering the totality of the circumstances, and the factors enumerated in Insurance Code § 10139.5 (b).  The statutory factors the Court requires to be addressed in a declaration of the payee include:

1. The stated purpose of the transfer and the payee’s stated objectives.  Insurance Code § 10139.5 (b) subdivisions (2) and (9). 

2. Whether, when the settlement was completed, the future periodic payments were intended to pay for future medical care and treatment, and whether the payee is likely to require such future medical care and treatment, and whether the payee lacks other resources, including insurance, sufficient to cover those future medical expenses.   Insurance Code § 10139.5 (b) subdivisions (5) and (7). 

3. Whether, when the settlement was completed, the future periodic payments were intended to provide for the necessary living expenses of the payee and whether the payee still needs the future structured settlement payments to pay for future necessary living expenses.  Insurance Code § 10139.5 (b) subdivision (6).

4. Whether, if the payee has completed previous transactions involving the payee’s structured settlement payments, payee was satisfied with the previous transaction.   Insurance Code § 10139.5 (b) subdivision (10).

5. Whether the payee, or his or her family or dependents, are in or facing a hardship situation.  Insurance Code section § 10139.5 (b) subdivision (13).

6. Whether the payee received independent legal or financial advice regarding the transaction.  Insurance Code § 10139.5 (b) subdivision (15).

d. Dismissal/Continuance:  If the required documents specified above are not filed and served no less than 20 days prior to the hearing on the petition, including especially the declaration of the payee containing the required information, the petition will be dismissed without prejudice.  

Pursuant to the court’s Order, the petition accordingly is dismissed without prejudice. 

RULING:

First Amended Petition for Approval for Transfer of Structured Settlement Payment Rights is DISMISSED WITHOUT PREJUDICE. 

There has been no declaration of the payee timely filed or served in support of the petition including all required information, as required under statute, specifically, Insurance Code section 10139.5 subdivisions (a) and (f), and also as required under this Court’s Notice to All Counsel Re: Petitions for Approval of Transfer of Structured Settlement Payment Rights, sections 1, 2 subdivisions (c) and (d), and 3. 

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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