Judge: Teresa A. Beaudet, Case: 22STCP02359, Date: 2022-07-29 Tentative Ruling

Case Number: 22STCP02359    Hearing Date: July 29, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Petitioner J.G. Wentworth Originations, LLC (“Petitioner”) requests that the Court approve the transfer of structured settlement payment rights by and between Kayla Logan (“Payee”) and Petitioner pursuant to Insurance Code §§ 10134, et seq.

As an initial matter, the Court notes that on July 20, 2022, Petitioner filed an Amended Exhibit “A” and Amended Exhibit “B” to the instant First Amended Verified Petition. The Amended Exhibit “A” consists of a new California Purchase Contract signed by Payee on July 19, 2022, and the Amended Exhibit “B” consists of a new California Disclosure Statement dated June 29, 2022. The First Amended Verified Petition does not correspond with the new amended Exhibits. For instance, the Petition indicates that “[i]f approved, Payee will receive $10,000.00 from this transaction.” (Amended Petition, p. 4:22-23.) However, the new California Purchase Contract and California Disclosure Statement indicate that Payee will receive $16,000.00. Payee’s amended declaration, filed on July 6, 2022, is similarly inconsistent with the Amended Exhibits “A” and “B.” 

The Court also notes that Insurance Code section 10139.5, subdivision (f)(2) provides that “[n]ot 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 certain items with that notice, including a copy of the proposed transfer agreement and disclosure form required by paragraph (3) of subdivision (a) of Insurance Code section 10139.5. (Emphasis added.) The Amended Exhibits “A” and “B” to the First Amended Verified Petition were filed and served on July 20, 2022, less than 20 days before the July 29, 2022 hearing date.    

Conclusion

Based on the foregoing, the First Amended Verified Petition is denied without prejudice.   

Petitioner is ordered to provide notice of this Order.

DATED:  July 29, 2022                                  ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court