In Re Petition of: Peachtree Settlement Funding, LLC

(49) Tentative Ruling

Re: In Re Petition of: Peachtree Settlement Funding, LLC Superior Court Case No. 26CU00740

Hearing Date: August 12, 2026 (Dept. 502)

Motion: By Peachtree Settlement Funding, LLC for Approval of Transfer of Payment Rights

Tentative Ruling:

To deny, without prejudice. (Sup. Ct. of Fresno, Local Rules, rule 2.8.7.)

Explanation:

Peachtree Settlement Funding, LLC (“Petitioner”) has filed a motion to transfer the structured settlement payments of Dylan Mills (“Payee”) to Petitioner pursuant to Insurance Code section 10134 et seq.

Fresno Superior Court, Local Rules, rule 2.8.7 states in pertinent part:

The petitioner filing a petition for approval of transfer of any structured settlement payments pursuant to Insurance Code § 10134 et seq. shall include with their petition the following information and documents... [¶] 3. A declaration from the payee’s counsel wherein he or she provides the total number of and lists all other petitions (along with their case numbers and court) wherein he or she has represented a payee who attempted to sell payments to the same petitione1r; [¶] 4. A declaration from the payee’s attorney listing any professional, financial, or personal relationship with the petitioner’s employees or petitioner’s counsel, past or present, as well as how counsel first came into contact with the payee if other than by a referral from a bar association as described in the statute[.]

No declaration from counsel for Payee has been filed. Without counsel for Payee’s declaration, the court cannot grant the petition. Additionally, the court also has concerns about the financial hardship and intention for the money in the petition. The petition and Payee’s declaration indicates Payee is in financial hardship. (Petition, p. 8; Mills Decl., ¶ 11.) The petition and Payee’s declaration do not go into further detail about Payee’s financial hardship other than to indicate Payee’s intention is to invest the money. (ibid.) Intending to invest the money is not a sufficient basis to find financial hardship. Accordingly, the court denies the petition for approval of transfer of payment rights, without prejudice.

Pursuant to California Rules of Court, rule 3.1312