Preview
THIS DOCUMENT CONTAINS SENSITIVE INFORMATION
NO. DC-23-10157
BRITTANY CASTILLO, INDIVIDUALLY § IN THE DISTRICT COURT
AND AS NEXT FRIEND OF A. V. AND §
K. C., MINORS §
§ 116th JUDICIAL DISTRICT
VS. §
§
ANTONIO VELAZQUEZ § DALLAS COUNTY, TEXAS
FINAL JUDGMENT
CAME ON TO BE HEARD the above entitled and numbered cause and came Plaintiff,
BRITTANY CASTILLO, INDIVIDUALLY AND AS NEXT FRIEND OF A. V. and K. C.,
MINORS, in person and by and through her attorney of record; Defendant, ANTONIO
VELAZQUEZ, by and through his attorney of record; and, Cynthia Solls, a practicing attorney in
the State of Texas, as Guardian ad Litem for the Minor Plaintiffs, A. V. and K. C., and the parties
announced ready, waived a Jury and submitted all facts and law to the Court. At the conclusion of
all evidence, it was announced that the parties had settled the case, subject to Court approval, for
the total sum of SIXTEEN THOUSAND AND NO/DOLLARS ($16,000.00), on behalf of the
minor, K. C., and for the total sum of TEN THOUSAND AND NO/DOLLARS ($10,000.00), on
behalf of the minor, A. V., such sums to be divided by the Court. After argument, the Court
approved such settlement and found that such sums as awarded are in full satisfaction of any and
all causes of action of any Plaintiff pled or which could have been pled.
IT IS ORDERED, ADJUDGED AND DECREED that BRITTANY CASTILLO,
INDIVIDUALLY AND AS NEXT FRIEND OF K. C., MINOR, as Plaintiff, recover of and from
Defendant, Antonio Velazquez, by and through his insurer, Redpoint County Mutual Insurance
Company, the sum of SIXTEEN THOUSAND AND NO/DOLLARS ($16,000.00) and that
1
BRITTANY CASTILLO, INDIVIDUALLY AND AS NEXT FRIEND OF A. V., MINOR, as
Plaintiff, recover of and from Defendant, Antonio Velazquez, by and through his insurer, Redpoint
County Mutual Insurance Company, the sum of TEN THOUSAND AND NO/DOLLARS
($10,000.00), such sums to be divided by the Court as follows:
$5,037.40 is awarded to Brittany Castillo, Individually and as next friend of K. C.
and Wright & Associates for payment of attorney’s fees and expenses;
$1,848.32 is awarded to Brittany Castillo, Individually and as next friend of K. C.
and Wright & Associates for payment of medical expenses incurred as follows:
Texas Healthcare - $1,000.00
Trusted Medical Providers - $500.00
Medical City Dallas - $348.32
$3,177.39 is awarded to Brittany Castillo, Individually and as next friend of A. V.
and Wright & Associates for payment of attorney’s fees and expenses.
$1,648.09 is awarded to Brittany Castillo, Individually and as next friend of A. V.
and Wright & Associates for payment of medical expenses incurred as follows:
Texas Healthcare - $1,100.00
Trusted Medical Providers - $500.00
Medicaid - $48.09
IT IS FURTHER ORDERED THAT THE COURT APPROVES the periodic payments to
be paid on behalf of K. C. as follows:
$9,114.28 from Redpoint County Mutual Insurance on behalf of Defendant,
Antonio Velazquez, payable to Pacific Life and Annuity Services, Inc; - for the
funding of the “Qualified Funding Asset” in the form of an annuity policy, issued
through Pacific Life Insurance Company, the sum sufficient to provide periodic
payments, as defined in Sections 104(a)(2) and 130 of the Internal Revenue Code
of 1986, (the “Code”) as amended, which payments are set forth as follows:
K. C., Payee:
Beginning at age 18 (10/30/32), $1,684.31 payable quarterly for 2 years guaranteed.
Last guaranteed payment is due 07/30/2034.
2
IT IS FURTHER ORDERED THAT THE COURT APPROVES the periodic payments to
be paid on behalf of A. V. as follows:
$5,174.52 from Redpoint County Mutual Insurance on behalf of Defendant,
Antonio Velazquez, payable to Pacific Life and Annuity Services, Inc; - for the
funding of the “Qualified Funding Asset” in the form of an annuity policy, issued
through Pacific Life Insurance Company, the sum sufficient to provide periodic
payments, as defined in Sections 104(a)(2) and 130 of the Internal Revenue Code
of 1986, (the “Code”) as amended, which payments are set forth as follows:
A. V., Payee:
Beginning at age 18 (07/16/2036), $1,270.76 payable quarterly for 2 years
guaranteed. Last guaranteed payment is due 04/16/2038
.
IT IS FURTHER ORDERED THAT THE COURT APPROVES the beneficiary
designations pursuant to the terms as fully described in the Settlement Agreement & Release.
All sums set forth in the Settlement Agreement & Release constitute damages (other than
punitive damages) received (whether by suit or agreement or whether by lump sums or as periodic
payments) on account of personal physical injuries or physical sickness, within the meaning of
Section 104(a)(2) of the Internal Revenue Code of 1986, as amended.
IT IS FURTHER ORDERED BY THE COURT that pursuant to Section 130(c) of the
Internal Revenue Code of 1986, as amended, Defendant, Antonio Velazquez, by and through his
insurer, Redpoint Count Mutual Insurance Company, may make a "Qualified Assignment" of the
obligation to make the specified periodic payments to its Assignee, Pacific Life & Annuity
Services, Inc. The Assignee shall provide the future periodic payments to the Minor, through the
purchase of annuity contract to be issued by Pacific Life Insurance Company, rated A+ (Superior)
by A. M. Best Company and Aa3 (Excellent) by Moody’s Investors Service. Pacific Life Insurance
Company is licensed to write annuity contracts and has a minimum of one million dollars of capital
and surplus and holds the industry rating equivalent to at least two of the rating organizations as
3
described in the Section 142.009. Pacific Life Insurance Company and the structured settlement
terms meet the requirements of Texas Property Code, Section 142.008 and Section 142.009 for a
minor. Structured Annuities, LLC is the broker of record, and the annuity premium check shall be
delivered to Structured Annuities, LLC at 6410 Southwest Blvd., Suite 200, Fort Worth, Texas
76109.
THE COURT FURTHER FINDS AND ORDERS that the right to receive periodic
payments granted to the Payee may not be accelerated, deferred, increased or decreased; nor
terminated early, sold, mortgaged, assigned, pledged, hypothecated or otherwise transferred or
encumbered, either directly or indirectly, without the prior approval of the 116th Judicial District
Court of Dallas County, Texas or then-sitting Judge of this Court, as evidenced by an order
approving such transaction entered after compliance with all requirements of the Structured
Settlement Protection Act, §141.001, Texas Civil Practice and Remedies Code, as it now exists or
may hereafter be amended, or any successor to such statute. Any purported or attempted sale,
transfer, hypothecation, pledge, or other alienation of such payment rights that has not been so
approved will be a direct violation of this Order.
It is further ORDERED that Cynthia Solls, Guardian Ad Litem for the minor Plaintiffs, K.
C. and A. V., be allowed a reasonable fee for her services in the amount of $2,500.00 to be paid
by Defendant, Antonio Velazquez, by and through his insurer, Redpoint County Mutual Insurance
Company, within 14 days of the date this Judgment is signed by the Court. It is further ORDERED
that upon entry of the Final Judgment, the Guardian ad Litem’s duties are satisfied, completed and
fully discharged, with no further legal responsibility or duty to the minor Plaintiffs.
It is further Ordered that once payment is made as set forth above, the qualified assignments
have been executed, the annuity is funded and the annuity contract to Plaintiff, K. C. and A. V,
4
minors, have been issued, Defendant, Antonio Velazquez, and Redpoint County Mutual Insurance
Company shall be thereby relieved and discharged from this judgment and all liability, claims,
demands and causes of action whatsoever asserted in this action.
All costs of court are to be borne by the party incurring same. It further appears to the
Court that all sums and costs herein concerned have been fully paid as aforesaid by Defendant.
Accordingly, it is further ORDERED that no execution shall issue hereon, this Judgment having
been fully satisfied and Defendant is fully discharged.
It is further ORDERED that any relief prayed for and/or which could have been sued for
in this action arising from said occurrence and not specifically granted herein is hereby expressly
denied. This Judgment resolves all issues between the parties.
SIGNED this____ day of _____________, 2024.
_______________________________
JUDGE PRESIDING
APPROVED:
WRIGHT & ASSOCIATES
BY: /S/ Ronald P. Wright ** signed by permission
RONALD P. WRIGHT
Bar No.: 22055300
3900 S. Stonebridge Drive, Suite 204
McKinney, Texas 75070
Telephone: (972) 661-5021
ron@wrightdefense.com
ATTORNEYS FOR PLAINTIFF
5
WHITTINGTON * von STERNBERG
By: /S/ Craig von Sternberg
CRAIG VON STERNBERG
State Bar No. 19175800
P. O. Box 25210
Houston, Texas 77265
Telephone: (713) 419-8805
cvs@wvstlaw.com
ATTORNEYS FOR DEFENDANT
BY: /S/ Cynthia Solls ** signed by permission
CYNTHIA SOLLS
TBN: 18827675
11700 Preston Rd., Ste. 660-522
Dallas, TX 75230
Telephone: (214) 760-8889
cfsolls@csolls.com
GUARDIAN ad LITEM
6
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Norma Keener on behalf of Craig von Sternberg
Bar No. 19175800
njk@wvstlaw.com
Envelope ID: 84991851
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED FINAL JUDGMENT
Status as of 2/28/2024 12:50 PM CST
Associated Case Party: BRITTANY CASTILLO
Name BarNumber Email TimestampSubmitted Status
Ronald Paul Wright 22055300 ron@wrightdefense.com 2/28/2024 10:56:35 AM SENT
Associated Case Party: ANTONIO VELAZQUEZ
Name BarNumber Email TimestampSubmitted Status
Craig von Sternberg CVS@WVSTLAW.COM 2/28/2024 10:56:35 AM SENT
Associated Case Party: CYNTHIA SOLLS
Name BarNumber Email TimestampSubmitted Status
Cynthia Fay Solls 18827675 cfsolls@csolls.com 2/28/2024 10:56:35 AM SENT
Preview
THIS DOCUMENT CONTAINS SENSITIVE INFORMATION NO. DC-23-10157 BRITTANY CASTILLO, INDIVIDUALLY § IN THE DISTRICT COURT AND AS NEXT FRIEND OF A. V. AND § K. C., MINORS § § 116th JUDICIAL DISTRICT VS. § § ANTONIO VELAZQUEZ § DALLAS COUNTY, TEXAS FINAL JUDGMENT CAME ON TO BE HEARD the above entitled and numbered cause and came Plaintiff, BRITTANY CASTILLO, INDIVIDUALLY AND AS NEXT FRIEND OF A. V. and K. C., MINORS, in person and by and through her attorney of record; Defendant, ANTONIO VELAZQUEZ, by and through his attorney of record; and, Cynthia Solls, a practicing attorney in the State of Texas, as Guardian ad Litem for the Minor Plaintiffs, A. V. and K. C., and the parties announced ready, waived a Jury and submitted all facts and law to the Court. At the conclusion of all evidence, it was announced that the parties had settled the case, subject to Court approval, for the total sum of SIXTEEN THOUSAND AND NO/DOLLARS ($16,000.00), on behalf of the minor, K. C., and for the total sum of TEN THOUSAND AND NO/DOLLARS ($10,000.00), on behalf of the minor, A. V., such sums to be divided by the Court. After argument, the Court approved such settlement and found that such sums as awarded are in full satisfaction of any and all causes of action of any Plaintiff pled or which could have been pled. IT IS ORDERED, ADJUDGED AND DECREED that BRITTANY CASTILLO, INDIVIDUALLY AND AS NEXT FRIEND OF K. C., MINOR, as Plaintiff, recover of and from Defendant, Antonio Velazquez, by and through his insurer, Redpoint County Mutual Insurance Company, the sum of SIXTEEN THOUSAND AND NO/DOLLARS ($16,000.00) and that 1 BRITTANY CASTILLO, INDIVIDUALLY AND AS NEXT FRIEND OF A. V., MINOR, as Plaintiff, recover of and from Defendant, Antonio Velazquez, by and through his insurer, Redpoint County Mutual Insurance Company, the sum of TEN THOUSAND AND NO/DOLLARS ($10,000.00), such sums to be divided by the Court as follows: $5,037.40 is awarded to Brittany Castillo, Individually and as next friend of K. C. and Wright & Associates for payment of attorney’s fees and expenses; $1,848.32 is awarded to Brittany Castillo, Individually and as next friend of K. C. and Wright & Associates for payment of medical expenses incurred as follows: Texas Healthcare - $1,000.00 Trusted Medical Providers - $500.00 Medical City Dallas - $348.32 $3,177.39 is awarded to Brittany Castillo, Individually and as next friend of A. V. and Wright & Associates for payment of attorney’s fees and expenses. $1,648.09 is awarded to Brittany Castillo, Individually and as next friend of A. V. and Wright & Associates for payment of medical expenses incurred as follows: Texas Healthcare - $1,100.00 Trusted Medical Providers - $500.00 Medicaid - $48.09 IT IS FURTHER ORDERED THAT THE COURT APPROVES the periodic payments to be paid on behalf of K. C. as follows: $9,114.28 from Redpoint County Mutual Insurance on behalf of Defendant, Antonio Velazquez, payable to Pacific Life and Annuity Services, Inc; - for the funding of the “Qualified Funding Asset” in the form of an annuity policy, issued through Pacific Life Insurance Company, the sum sufficient to provide periodic payments, as defined in Sections 104(a)(2) and 130 of the Internal Revenue Code of 1986, (the “Code”) as amended, which payments are set forth as follows: K. C., Payee: Beginning at age 18 (10/30/32), $1,684.31 payable quarterly for 2 years guaranteed. Last guaranteed payment is due 07/30/2034. 2 IT IS FURTHER ORDERED THAT THE COURT APPROVES the periodic payments to be paid on behalf of A. V. as follows: $5,174.52 from Redpoint County Mutual Insurance on behalf of Defendant, Antonio Velazquez, payable to Pacific Life and Annuity Services, Inc; - for the funding of the “Qualified Funding Asset” in the form of an annuity policy, issued through Pacific Life Insurance Company, the sum sufficient to provide periodic payments, as defined in Sections 104(a)(2) and 130 of the Internal Revenue Code of 1986, (the “Code”) as amended, which payments are set forth as follows: A. V., Payee: Beginning at age 18 (07/16/2036), $1,270.76 payable quarterly for 2 years guaranteed. Last guaranteed payment is due 04/16/2038 . IT IS FURTHER ORDERED THAT THE COURT APPROVES the beneficiary designations pursuant to the terms as fully described in the Settlement Agreement & Release. All sums set forth in the Settlement Agreement & Release constitute damages (other than punitive damages) received (whether by suit or agreement or whether by lump sums or as periodic payments) on account of personal physical injuries or physical sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. IT IS FURTHER ORDERED BY THE COURT that pursuant to Section 130(c) of the Internal Revenue Code of 1986, as amended, Defendant, Antonio Velazquez, by and through his insurer, Redpoint Count Mutual Insurance Company, may make a "Qualified Assignment" of the obligation to make the specified periodic payments to its Assignee, Pacific Life & Annuity Services, Inc. The Assignee shall provide the future periodic payments to the Minor, through the purchase of annuity contract to be issued by Pacific Life Insurance Company, rated A+ (Superior) by A. M. Best Company and Aa3 (Excellent) by Moody’s Investors Service. Pacific Life Insurance Company is licensed to write annuity contracts and has a minimum of one million dollars of capital and surplus and holds the industry rating equivalent to at least two of the rating organizations as 3 described in the Section 142.009. Pacific Life Insurance Company and the structured settlement terms meet the requirements of Texas Property Code, Section 142.008 and Section 142.009 for a minor. Structured Annuities, LLC is the broker of record, and the annuity premium check shall be delivered to Structured Annuities, LLC at 6410 Southwest Blvd., Suite 200, Fort Worth, Texas 76109. THE COURT FURTHER FINDS AND ORDERS that the right to receive periodic payments granted to the Payee may not be accelerated, deferred, increased or decreased; nor terminated early, sold, mortgaged, assigned, pledged, hypothecated or otherwise transferred or encumbered, either directly or indirectly, without the prior approval of the 116th Judicial District Court of Dallas County, Texas or then-sitting Judge of this Court, as evidenced by an order approving such transaction entered after compliance with all requirements of the Structured Settlement Protection Act, §141.001, Texas Civil Practice and Remedies Code, as it now exists or may hereafter be amended, or any successor to such statute. Any purported or attempted sale, transfer, hypothecation, pledge, or other alienation of such payment rights that has not been so approved will be a direct violation of this Order. It is further ORDERED that Cynthia Solls, Guardian Ad Litem for the minor Plaintiffs, K. C. and A. V., be allowed a reasonable fee for her services in the amount of $2,500.00 to be paid by Defendant, Antonio Velazquez, by and through his insurer, Redpoint County Mutual Insurance Company, within 14 days of the date this Judgment is signed by the Court. It is further ORDERED that upon entry of the Final Judgment, the Guardian ad Litem’s duties are satisfied, completed and fully discharged, with no further legal responsibility or duty to the minor Plaintiffs. It is further Ordered that once payment is made as set forth above, the qualified assignments have been executed, the annuity is funded and the annuity contract to Plaintiff, K. C. and A. V, 4 minors, have been issued, Defendant, Antonio Velazquez, and Redpoint County Mutual Insurance Company shall be thereby relieved and discharged from this judgment and all liability, claims, demands and causes of action whatsoever asserted in this action. All costs of court are to be borne by the party incurring same. It further appears to the Court that all sums and costs herein concerned have been fully paid as aforesaid by Defendant. Accordingly, it is further ORDERED that no execution shall issue hereon, this Judgment having been fully satisfied and Defendant is fully discharged. It is further ORDERED that any relief prayed for and/or which could have been sued for in this action arising from said occurrence and not specifically granted herein is hereby expressly denied. This Judgment resolves all issues between the parties. SIGNED this____ day of _____________, 2024. _______________________________ JUDGE PRESIDING APPROVED: WRIGHT & ASSOCIATES BY: /S/ Ronald P. Wright ** signed by permission RONALD P. WRIGHT Bar No.: 22055300 3900 S. Stonebridge Drive, Suite 204 McKinney, Texas 75070 Telephone: (972) 661-5021 ron@wrightdefense.com ATTORNEYS FOR PLAINTIFF 5 WHITTINGTON * von STERNBERG By: /S/ Craig von Sternberg CRAIG VON STERNBERG State Bar No. 19175800 P. O. Box 25210 Houston, Texas 77265 Telephone: (713) 419-8805 cvs@wvstlaw.com ATTORNEYS FOR DEFENDANT BY: /S/ Cynthia Solls ** signed by permission CYNTHIA SOLLS TBN: 18827675 11700 Preston Rd., Ste. 660-522 Dallas, TX 75230 Telephone: (214) 760-8889 cfsolls@csolls.com GUARDIAN ad LITEM 6 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Norma Keener on behalf of Craig von Sternberg Bar No. 19175800 njk@wvstlaw.com Envelope ID: 84991851 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PROPOSED FINAL JUDGMENT Status as of 2/28/2024 12:50 PM CST Associated Case Party: BRITTANY CASTILLO Name BarNumber Email TimestampSubmitted Status Ronald Paul Wright 22055300 ron@wrightdefense.com 2/28/2024 10:56:35 AM SENT Associated Case Party: ANTONIO VELAZQUEZ Name BarNumber Email TimestampSubmitted Status Craig von Sternberg CVS@WVSTLAW.COM 2/28/2024 10:56:35 AM SENT Associated Case Party: CYNTHIA SOLLS Name BarNumber Email TimestampSubmitted Status Cynthia Fay Solls 18827675 cfsolls@csolls.com 2/28/2024 10:56:35 AM SENT