CIS, LLC v. Certain Statutorily Defined Interested Parties

funds are deposited. The Court will then consider it, alongside any other claims to the funds, at the noticed hearing.

Disposition

Claimant Unifund CCR, LLC's motion to disburse surplus proceeds from trustee sale is denied without prejudice.

10 - CIS, LLC v. Certain Statutorily Defined Interested Parties Petitioner CIS, LLC's Petition for Approval of Transfer of Structured Settlement Payment Rights Petitioner CIS, LLC petitions for approval of transfer of structured settlement rights by payee Waltay Burchfield.

Insurance Code section 10137 provides: A transfer of structured settlement payment rights is void unless a court reviews and approves the transfer and finds the following conditions are met: (a) The transfer of the structured settlement payment rights is fair and reasonable and in the best interest of the payee, taking into account the welfare and support of his or her dependents. (b) The transfer complies with the requirements of this article, will not contravene other applicable law, and the court has reviewed and approved the transfer as provided in Section 10139.5.

Insurance Code section 10139.5, subdivision (b) requires the court to consider 15 enumerated factors in determining whether this transfer should be approved. After considering all relevant factors and the totality of the circumstances, the Court finds the transfer is fair, reasonable, and in payee Waltay Burchfield's best interest.

Burchfield agreed to transfer rights to 196 monthly payments from January 10, 2028 to April 10, 2044 totaling $1,206,968. (Am. Pet., Ex. 2, at p. 1; Burchfield Decl. P. 9.) In exchange, Petitioner will pay Burchfield $500,000 now. (Am. Pet., Ex. 2, at p. 1; Burchfield Decl. P. 10.) This transaction is equivalent to paying 10.49% interest on a loan. (Am. Pet., Ex. 2, at p. 9.) Burchfield states, "I intend to use this money to pay off my condominium unit's mortgage and contribute to financial investments." (Burchfield Decl., P. 11.)

Express Written Findings Insurance Code section 10139.5, subdivision (a) requires the court's order of approval to include six "express written findings." The Court hereby makes the following express written findings as required under Insurance Code section 10139.5:

(1) The transfer is in the best interest of payee Burchfield. As discussed above, Burchfield intends to use the money to pay off his mortgage and contribute to financial investments. (Burchfield Decl., P. 11.) He is not married and has no minor children. (Id., P.P. 4-5.)

(2) Payee Burchfield has been advised in writing by the transferee to seek independent professional advice regarding the transfer and knowingly waived, in writing, the opportunity to receive the advice. (Burchfield Decl., P. 16.)

(3) The transferee has complied with the notification requirements pursuant to paragraph (2) of subdivision (f), the transferee has provided the payee with a disclosure form that complies with Section 10136, and the transfer agreement complies with Sections 10136 and 10138.

(4) The transfer does not contravene any applicable statute or the order of any court or other government authority.

(5) Payee Burchfield understands the terms of the transfer agreement, including the terms set forth in the disclosure statement required by Section 10136.

(6) Payee Burchfield understands and does not wish to exercise the right as payee to cancel the transfer agreement. (Burchfield Decl., P. 18.)

Disposition

The Court hereby grants CIS, LLC amended petition for approval for transfer of payment rights from payee/transferor Waltay Burchfield.

Case Number: 26STCV15504 Hearing Date: September 1, 2026 Dept: 510 Tentative Ruling: No. 9 - Kenneth Russell DeGraff v. American Dream Auto Project Inc., et al. Plaintiff Kenneth Russell DeGraff's Motion for Leave to File a First Amended Complaint Plaintiff Kenneth Russell DeGraff moves for leave to file a first amended complaint. Plaintiff seeks to correct an erroneous date, provide more specificity given his receipt of phone records, add citations and grounds for Defendants' willfulness, and remove the fifth and sixth causes of action.

Code of Civil Procedure section 473(a)(1) provides, "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading." Courts exercise their discretion "liberally to permit amendment," and "[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified." (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.)

A motion for leave to amend will normally be granted unless (a) the party seeking to amend has delayed bringing the proposed amendment; and (b) the delay in seeking leave to amend will cause prejudice to an opposing party. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.)

Defendants filed a notice of non-opposition to the motion. The Court will permit Plaintiff to file the first amended complaint.

Disposition