Petition for Structured Settlement

Cal. Super. - 2nd Dist.January 11, 2016

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION February 08, 2016 02/19/2016 08:20:00 AM DEPT.: 43 COUNTY OF VENTURA JUDICIAL OFFICER: Kevin DeNoce CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Petitions - Other 56-2016-00477003-CU-PT-VTA IN THE MATTER OF W KEEP Petition for Structured Settlement - for approval of transfer of structured settlement CAUSAL DOCUMENT/DATE FILED: Petition - Other, 01/11/2016 stolo With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you may submit a telefax to Judge DeNoce's secretary, Hellmi McIntyre at 805-662-6712, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. This case has been assigned to Judge DeNoce for all purposes. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. ______________________________________________ The court's tentative ruling is as follows: Deny the Petition as it is not verified. There is nothing from Keep as to why he needs another transfer given the amount he receives monthly and given the other transfers he has obtained in the past 5 years. Other issues From exhibit D, Keep supposedly has an annuity as part of a settlement between himself and the State in a case filed in Los Angeles. Settlement date was 3-27-03. It was to cover all known and unknown claims for damages, personal injury and any future wrongful death claim. Per paragraph 2 of the settlement agreement, $800,000 was due to P and his attorneys on 4-1-03. Another $800,000 to P and his attorney was due 10-1-03. It is unclear what percentage of the amount went to the attorneys. Paragraph 3.0 provided that Ps acknowledged that the periodic payments could not be accelerated, deferred or increased or decreased nor shall Ps have the power to sell, encumber or anticipate periodic payments by assignment. TENTATIVE RULINGS Page: 1