Amended petition for approval of transfer of structured settlement payment rights
“(1) Service within this State shall be made in the manner provided by law for the service of summons in an action. “(2) Service outside this State shall be made by mailing the copy of the petition and notice and other papers by registered or certified mail. Personal service is the equivalent of such service by mail. Proof of service by mail shall be made by affidavit showing such mailing together with the return receipt of the United States Post Office bearing the signature of the person on whom service was made. Notwithstanding any other provision of this title, if service is made in the manner provided in this paragraph, the petition may not be heard until at least 30 days after the date of such service.”
California Rule of Court 3.1300(c) requires a proof of service to be filed at least five court days prior to the hearing. Based on the foregoing, the petition is CONTINUED as stated above for Petitioner to address the foregoing issues. Any supplemental filing must be filed and served within the time and in the manner required for the initial filing and service. Petitioner is ordered to give notice of this ruling.
6. In Re: Aguilar Nava 2026-01554839 Before the court is the continued hearing on the unopposed amended petition of petitioner J.G. Wentworth Originations, LLC (Petitioner) for approval of transfer of certain structured settlement payment rights. Under the proposed transfer, real parties in interest and payee Aguilar Nava (Payee) would transfer to Petitioner the right to receive 84 monthly payments of $623.97, increasing 2% annually, from September 15, 2026, to August 15, 2033, and 40 monthly payments of $2,355.84, increasing 2% annually from September 15, 2033, to December 15, 2036, totaling $152,183.24.
Those payments have a present value of $108,536.43. In return, Payee will receive a current payment of $55,000, which means Payee will receive 50.07% of that present value and the transaction has an equivalent interest rate of 17.19%. The court has received and reviewed the following documents and all exhibits and document attached thereto: (1) the original, first amended petition, second amended petition, and notice of increase purchase price for approval of transfer of payment rights (ROA 2, 19, 26, 34) (2) the four declarations of Payee in support of these petitions (ROA 5, 20, 28, 32); (3) the notice of filing all prior petitions (ROA 13); (4) the various notices of hearing (ROA 9, 24); and (5) the declaration of Michael Rodden (ROA 30).
Based on those documents and exhibits, the court makes the following findings as required by Insurance Code sections 10137 and 10139.5(a): (1) The transfer is fair and reasonable and in the best interest of Payee, taking into account the welfare and support of her dependents; (2) Payee has been advised in writing by Petitioner to seek independent professional advice regarding the transfer and has either received that advice or knowingly waived, in writing, the opportunity to receive the advice; (3) Petitioner has provided Payee with a disclosure form that complies with Insurance Code section 10136, and the transfer agreement complies with Insurance Code sections 10136 and 10138; (4) The transfer does not contravene any applicable statute or the order of any court or other government authority and otherwise complies with the requirements of Insurance Code section 10134, et seq.; (5) Payee understands the terms of the transfer agreement, including the terms set forth in the disclosure statement required by Insurance Code section 10136; and (6) Payee understands and does not wish to exercise her right to cancel the transfer agreement.
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Moreover, through Payee’s supplemental declaration Petitioner has established Payee’s residence and that venue is proper in this court. Based on the foregoing, the second amended petition is GRANTED. Petitioner’s counsel is ordered to submit a proposed order approving the transfer consistent with the requirements of Insurance Code section 10134 et seq., and to give notice of this ruling.
7. In Re: Holmes 2026-01572990 Before the court is the unopposed petition of petitioner Peachtree Settlement Funding, LLC (Petitioner) for approval of transfer of certain structured settlement payment rights. Under the proposed transfer, real parties in interest and payee Philana Holmes (Payee) would transfer to Petitioner the right to receive one payment of $50,000 on May 25, 2029, in exchange for a current, lump sum payment of $34,250. The payment Payee proposes to transfer has a present value of $43,525.85, which means Payee will receive 78.68% of that value and the transaction has an equivalent interest rate of 13.05%. The court has received and reviewed the following documents and all exhibits and document attached thereto: (1) the petition, the exhibits thereto, and the amended exhibits thereto (ROA 2, 18) (2) the declarations of Payee