On January 18, 2024 a
Complaint,Petition
was filed
involving a dispute between
Guardian Settlement Funding, Llc,
and
for Other Petition (Not Spec) Unlimited
in the District Court of San Bernardino County.
Preview
JUAN C. LOZANO, ESQ. (State Bar No. 241930)
THE LAW OFFICE OF JUAN C. LOZANO F LE l
D
S
3555 Rosecrans St., Suite l 14-208 légslmorsSOURT 0F CAUFORNM
San Diego, CA 921 10 SAN BengAggfigggnom
PHONE: (619)647-9129/ FAX: (619)330-9979 R‘CT
EMAIL: lozanolawgu gmail.com
JAN 1 8 202k
\OOOQOxUIALHN—
Anome
GU
s for Petitioner,
IAN SETTLEMENT FUNDING, LLC
QF.‘
By: Stepha-nie Gerda.
Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
In Re Petition of: CascNm CIV SB 2400454
GUARDIAN SETTLEMENT FUNDING,
VERIFIED PETITION FOR
LLC APPROVAL FOR TRANSFER 0F
STRUCTURED SETTLEMENT
Petitioner PAYMENT RIGHTS PURSUANT To
CALIFORNIA INSURANCE CODE
VVVVVVVVVVVVVVVV
§10134 ETSEQ.
(Real Party in Interest: R.S.)
NNNNNNNNN——~————.—_—.
OOQO\M&UJN'—O\OWQOUIAWN—O
COMES NOW GUARDIAN SETTLEMENT FUNDING, LLC, by the undersigned
counsel, which respectfully petitions this Court pursuant to §§ 10134 et seq. of the California:
Insurance Code, as amended, for approval of the transfer of certain structured settlement
payment rights, and in support hereof, states as follows:
1. Petitioner, GUARDIAN SETTLEMENT FUNDING, LLC is a Texas Limited.
Liability Company.
1
[VERIFIED PETITION FOR APPROVAL OF TRANSFER OF
STRUCTURED SETTLEMENT PAYMENT RIGHTS]
-‘
2. Transferor, R.S., (the "Payee") is a statutory interested party in the present
h)
matter. Petitioner is informed and believes and upon that basis alleges that Payee is an adult
b)
resident 0f the County of San Bemardino, in California, and is over 18 years old.
J;
U1
3. PRUDENTIAL ASSIGNED SETTLEMENT SERVICES CORP. (the
O\ "Obligor"), an insurance company authorized to do business in the State of California, is the
\J
Structured Settlement Obligor, as defined by Cal. Ins. Code § lOl34(k), which has a
00
continuing periodic payment obligation to the Payee under a structured settlement
“D
agreement or a qualified assignment agreement.
_. CD
_— —‘
4. PRUDENTIAL INSURANCE COMPANY OF AMERICA (the "Annuity
_— h) Issuer"), an insurance company authorized to do business in the State of California, has
_— bu
issued an insurance contract used to fund the structured settlement payment obligations of
—— J;
the Obligor.
—— UN
5. This Coun has subject matter jurisdiction over the instant action pursuant to
—— Ch
_— \J
Cal. Ins. Code § 10135(c) as either ( 1) the payee was domiciled in California at the time the
—— OO transfer agreement was signed by the Payee, or (2) the payee was not domiciled in
__ «D
California at the time the transfer agreement was signed and the state where the payee was
pg CD
domiciled does not have a structured settlement transfer statute, but either the Obligor or the
-—
pg
Annuity Issuer is domiciled in California.
b3 rd
pg
DJ 6. Payee entered into an agreement for the settlement of a personal injury claim.
b) J>
7. Petitioner is informed and believes and upon that basis alleges that the
Ln
pg
underlying structured settlement that established the annuity at issue in the present case
h; O\
contained language that restricted and/or prohibited the right and/or power t0 assign the
h) \J
Assigned Payments in question. Notwithstanding such language. where no interested parties
b) 00
2
[VERIFIED PETITION FOR APPROVAL OF TRANSFER OF
STRUCTURED SETTLEMENT PAYMENT RIGHTS]
Document Filed Date
January 18, 2024
Case Filing Date
January 18, 2024
Category
Other Petition (Not Spec) Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
JUAN C. LOZANO, ESQ. (State Bar No. 241930) THE LAW OFFICE OF JUAN C. LOZANO F LE l D S 3555 Rosecrans St., Suite l 14-208 légslmorsSOURT 0F CAUFORNM San Diego, CA 921 10 SAN BengAggfigggnom PHONE: (619)647-9129/ FAX: (619)330-9979 R‘CT EMAIL: lozanolawgu gmail.com JAN 1 8 202k \OOOQOxUIALHN— Anome GU s for Petitioner, IAN SETTLEMENT FUNDING, LLC QF.‘ By: Stepha-nie Gerda. Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO In Re Petition of: CascNm CIV SB 2400454 GUARDIAN SETTLEMENT FUNDING, VERIFIED PETITION FOR LLC APPROVAL FOR TRANSFER 0F STRUCTURED SETTLEMENT Petitioner PAYMENT RIGHTS PURSUANT To CALIFORNIA INSURANCE CODE VVVVVVVVVVVVVVVV §10134 ETSEQ. (Real Party in Interest: R.S.) NNNNNNNNN——~————.—_—. OOQO\M&UJN'—O\OWQOUIAWN—O COMES NOW GUARDIAN SETTLEMENT FUNDING, LLC, by the undersigned counsel, which respectfully petitions this Court pursuant to §§ 10134 et seq. of the California: Insurance Code, as amended, for approval of the transfer of certain structured settlement payment rights, and in support hereof, states as follows: 1. Petitioner, GUARDIAN SETTLEMENT FUNDING, LLC is a Texas Limited. Liability Company. 1 [VERIFIED PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS] -‘ 2. Transferor, R.S., (the "Payee") is a statutory interested party in the present h) matter. Petitioner is informed and believes and upon that basis alleges that Payee is an adult b) resident 0f the County of San Bemardino, in California, and is over 18 years old. J; U1 3. PRUDENTIAL ASSIGNED SETTLEMENT SERVICES CORP. (the O\ "Obligor"), an insurance company authorized to do business in the State of California, is the \J Structured Settlement Obligor, as defined by Cal. Ins. Code § lOl34(k), which has a 00 continuing periodic payment obligation to the Payee under a structured settlement “D agreement or a qualified assignment agreement. _. CD _— —‘ 4. PRUDENTIAL INSURANCE COMPANY OF AMERICA (the "Annuity _— h) Issuer"), an insurance company authorized to do business in the State of California, has _— bu issued an insurance contract used to fund the structured settlement payment obligations of —— J; the Obligor. —— UN 5. This Coun has subject matter jurisdiction over the instant action pursuant to —— Ch _— \J Cal. Ins. Code § 10135(c) as either ( 1) the payee was domiciled in California at the time the —— OO transfer agreement was signed by the Payee, or (2) the payee was not domiciled in __ «D California at the time the transfer agreement was signed and the state where the payee was pg CD domiciled does not have a structured settlement transfer statute, but either the Obligor or the -— pg Annuity Issuer is domiciled in California. b3 rd pg DJ 6. Payee entered into an agreement for the settlement of a personal injury claim. b) J> 7. Petitioner is informed and believes and upon that basis alleges that the Ln pg underlying structured settlement that established the annuity at issue in the present case h; O\ contained language that restricted and/or prohibited the right and/or power t0 assign the h) \J Assigned Payments in question. Notwithstanding such language. where no interested parties b) 00 2 [VERIFIED PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS]