Petition for Approval for Transfer of Payment Rights
CASE NUMBER: 26CV-0209619 Tentative Ruling on Petition for Approval for Transfer of Payment Rights: Petitioner J.G. Wentworth Originations, LLC seeks an order approving transfer of payment rights pursuant to California Insurance Code § 10134 et seq. Real Party in Interest/Transferor is Jerry Whipp. The operative petition is the Second Amended Petition filed on June 15, 2026.
Ins. Code § 10139.5(f)(2) requires notice of the proposed transfer and the application for its authorization must be served on all interested parties not less than 20 days prior to the scheduled hearing. The statute further requires 3
that a copy of the current petition, proposed transfer agreement and disclosure form, annuity contract, and other documents be served along with the notice. Ins. Code § 10134(g) provides that “Interested parties” means, with respect to a structured settlement agreement, the payee, the payee’s attorney, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor, and any other party who has continuing rights or obligations under the structured settlement agreement. The matter has been properly noticed.
The Court must determine whether the transfer is “fair and reasonable and in the best interest of the payee, taking into account the welfare and support of his or her dependents.” Section 10137(a). Payee seeks to transfer:
24 monthly life contingent payments of $139.99 each, increasing annually by 4% beginning February 3, 2027 and ending January 3, 2029, 60 monthly life contingent payments of $437.02 each, increasing annually by 4% beginning February 3, 2029 and ending January 3, 2024, and 108 monthly life contingent payments of $2,212.53 each, increasing annually by 4% beginning February 3, 2034 and ending January 3, 2043. In exchange, Payee will get $52,651. Mr. Whipp is 48 years old and divorced. He has no minor children and is unemployed.
He states in his declaration that he receives $2,824.89 per month from his annuity, however Exhibit F shows that he presently receives $3,500 per month. He does not have any court-ordered child support obligations. He has completed eight prior transactions transferring his annuity. He states that he is experiencing financial hardship. If approved, he will use the funds to pay fines that stem from a cultivation case and complete home repairs.
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The Court intends to inquire of Mr. Whipp at the time of hearing regarding his understanding of the terms of the agreement in addition to the discrepancy in what he currently receives monthly from his annuity. The Court may deny or defer ruling on the petition if the Court believes that the payee does not fully understand the proposed transaction and that independent legal or financial advice should be obtained, pursuant to Insurance Code 10139.5(b)(14). Petitioner did not provide a proposed Order as required by Local Rule of Court 5.17(D). Petitioner is to prepare the Order. An appearance by Mr. Whipp is necessary on today’s calendar.
IN RE: JAIMEZ PARADA