Judge: Teresa A. Beaudet, Case: 22STCP04324, Date: 2024-03-12 Tentative Ruling

Case Number: 22STCP04324    Hearing Date: March 12, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On November 28, 2023 in this action, Petitioner Bentzen Financial, LLC (“Petitioner”) filed a Verified Petition for Approval for Transfer of Structured Settlement Payment Rights by and Between S.B., Transferor, and Petitioner, Transferee, pursuant to California Insurance Code section 10134, et seq.

On December 7, 2023, Petitioner filed a First Amended Verified Petition for Approval for Transfer of Structured Settlement Payment Rights By and Between S.B., Transferor, and Petitioner, Transferee, pursuant to California Insurance Code section 10134, et seq. Petitioner requests that the Court approve the transfer of certain structured settlement payment rights by and between Shawn Becerrada (“Payee”) and Petitioner pursuant to Insurance Code section 10134, et seq.

On January 3, 2024, the Court issued a minute order concerning the instant petition, which provides, inter alia, that “the First Amended Verified Petition is continued to February 6, 2024 so Petitioner can file an Amended Declaration and provide the requisite notice.” On January 30, 2024, Petitioner filed a “Supplemental Exhibit ‘H’ to First Amended Verified Petition for Approval for Transfer of Payment Rights.”

On February 6, 2024, the Court issued an Order continuing the hearing on the First Amended Verified Petition again. The Court continued the hearing to March 12, 2024, so that “Petitioner can provide the requisite notice.” (February 6, 2024 Order at p. 3:22.) On February 7, 2024, Petitioner filed a “Notice of Continued Motion for Order Approving Transfer of Structured Settlement Payment Rights…” No opposition to the instant First Amended Verified Petition has been filed.

Discussion

In the above-referenced February 6, 2024 Order, the Court noted that “it still does not appear that Petitioner has provided ‘[n]otification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s petition, either in person or by counsel, by submitting written comments to the court or by participating in the hearing,’ or ‘notification of the manner in which and the time by which written responses to the petition must be filed, which may not be less than 15 days after service of the transferee’s notice, in order to be considered by the court.’ (Ins. Code, § 10139.5, subds. (f)(2)(J)-(K).)” (February 6, 2024 Order at p. 3:14-19.)

As set forth above, on February 7, 2024, Petitioner filed a notice of the continued March 12, 2024 hearing on the petition. The notice states, inter alia, that “you are entitled to support, oppose, or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing,” and that “you have been provided with notification of the time and place of the hearing and of the manner in which and time any written responses to the application must be filed, which may not be less than 15 days after service of the transferee’s notice, in order to be considered by the court.” (Petitioner’s February 7, 2024 Notice at p. 2:8-14.)

Based on the foregoing, the Court finds that Petitioner has corrected the defects identified in the Court’s February 6, 2024 Order. The Court also finds that Petitioner has corrected the defects identified in the Court’s January 30, 2024 Order on the instant First Amended Verified Petition.

Conclusion

Based on the foregoing, the First Amended Verified Petition is granted. Within five days of this hearing, Petitioner shall file and serve a proposed order.

Petitioner is ordered to provide notice of this order.

DATED:  March 12, 2024                              ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court