Motion for Substituted Service in IN THE MATTER OF JUTTA KELLEY| Trellis.Law

On April 04, 2024 a Proof of Service was filed involving a dispute between Craeman, Llc, and for 43-CV Other Petition - Civil Unlimited in the District Court of Kern County.

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I Michael L. Branch (CSB 149531)
'CHNEIDER & BRANCH
255 Broadway, Suite 400
San Diego, California 92101
Telephone: (619) 702-0500
4 Facsimile: (619) 233-5535
Email: mlbSschneiderbranchlaw.corn
5

6 Attorneys for Petitioner,
CRAEMAN, LLC

SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN
10 In Re the Petition of: Case No. BCV-24-101172

CRAEMAN, LLC,
12
NOTICE OF HEARING ON PETITION FOR
Petitioner, APPROVAL FOR TRANSFER OF
13 STRUCTURED SETTLEMENT PAYMENT
Re: RIGHTS PURSUANT TO INSURANCE CODE
14 SECTION 10134 er seq.
JUTTA KELLEY,
Motion Hearing Date: May 9, 2024
Transferor and Real Party In Interest. Motion Hearing Time: 8:30 a.m.
Motion Hearing Div.: L
17

18 TO ALL INTERESTED PARTIES,
YOU, AND EACH OF YOU, ARE HEREBY NOTIFIED THAT on May 9, 2024,
at 8:30 a.m. in Division L of the Kern County Superior Court, located at'1215 Truxton Avenue,

Bakersfield, California 93301, pursuant to CaHfornia Insurance Code, Section 10139.5, the Court will

hold a hearing on the Petition filed herein seeking approval of the transfer of certain structured settlement

payment rights fiom Transferor and Real Party in Interest, Jutta Keliey (hereinafter 'Payee") to
Petitioner, Craemsn, LLC or its assignee.

ANY INTERESTED PARTY MAY SUPPORT, OPPOSE, OR OTHERWISE RESPOND to
the petition for approval of the transfer of structured payment rights either in person at the hearing on

May 9, 2024, or thmugh counsel, by submitting written comments to the Court or by participating in the

hearing. If you desire to submit written comments to the Court, any such response must'be filed with the

1
NOTICE OF HEARING ON PETITION FOR APPROVAL FOR TRANSFER OF STRUCTURED
SETTLEMENT PAYMENT RIGHTS
I Court not less than fifteen (15) days after service of this notice, and prior to the hearing on May 9, 2024

2 in order to be considered by the Court. Pursuant to California Insurance Code Secfion 10139.5, the

3 following documents are attached hereto:

4 (I) The origiinal Petition for Approval for Transfer of Structured Settlement Payment Rights Pns.
5 Code t]10139.5(t)(2)(A)], filed on April 4, 2024, is attached hereto as Exhibit l.
6 (2) The Structured Settlement Payments Purchase Agreement signed by Payee gas. Code

7 $ 10139.5(f)(2)(B)], is attached and identified as Exhibit B, in Exhibit I.

8 (3) Payee's statement with reference to dependents Pns. Code $ 10139.5(f)(2)(C)], is attached and

9 identified as Exhibit E, in Exhibit 1.

10 (4) The Disclosure Statement provided to'Payee by Petitioner Pns. Code $ 10139.5(f)(2)(D)] is
11 attached and identified as Exhibit D, in Exhibit l.

12 (5) Attached aud identified as Exhibit A, in Exhibit I, is the Declaration of the Payee. A copy of

13 the underlying structured settlement agreement which is the subject of this Petition is attached to Payee's

14 Declaration. Pns. Codet]10139.5(f)(2)(G)]. The Declaration also sets forth the Payee's understanding of

15 the terms of the transfer, Payee's reasons for pursuing the transfer and the reasons Payee believes the

16 transfer to be in Payee's best interests. The Declaration provides the information outlined in Insurance

17 Code t]10139.5(b) and (c), including information with reference to any prior transactions of this kind

18 under this annuity. The Declaration also includes the Payee's confirmation that Payee has been advised

19 by the Petitioner to seek independent professional advice regarding this transaction. The Payee may
20 appear at the hearing and if so, will be available to testify under oath.
21 (6) Attached and identified as Exhibit C to Exhibit I, is Payee's Waiver to obtain Independent
22 Professional Advice.

23 (7) Attached and Identified as Exhibit F to Exhibit I, is the Declaration of Due Diligence
24 identifying attempts to locate the annuity contraot and/or qualified assignment. Pns. Code
25 $ 10139.5(t)(2)(E) and (F)].
26 ///
27 ///
28 ///
2
NOTICE OF HEARING ON PETITION 'FOR APPROVAL FOR TRANSFER OF STRUCTURED
SETTLEMENT PAYMEhK RIGHTS
1 This notice is served upon all interested parties pursuant to California Iiisurance Code

2 $ 10139.5, as set forth in the Proof of Service filed in this matter.

4 Dated: April 10, 2024 SCHNEIDER Ec BRANCH

sy: tAAhk~
Michael L. Branch
Attorneys for Petitioner
CRAEMON, LLC

27
28

3
NOTICE OF HEARING ON PETITION FOR APPROVAL FOR TRANSFER OF STRUCTURED
SETTLEMENT PAYMENT RIGHTS
EXHIBIT 1
ELECTRONICALLY FILED
4/4/2024 2:23 PM
1 Michael L. Branch (CSB'149531) Kem County Superior Court
SCHNBIDBR /h BRANCH By Julia Barrera, Deputy
255 Broadway, Suite 400
San Diego, Califorrua 92101
Telephone: (619)'702-0500
4 Facsimile: (619) 233$535
SmaiL mlbSschneiderbxanchlaw.corn
5

6. Attorneys for Petitioner,
CRAEMAN, LLC

SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN
10 In Re the Petition of: C e No. BCV"24" I01172

CRAEMAN, LLC,
12
PETITION FOR APPROVAL FOR
Petitioner, TRANSFER OF STRUCTURED
13 SETTLEMENT PAYMENT RIGHTS
Re: PURSUANT TO INSURANCE CODE
14 SEClION 10134 exseq.
JVITA KELLEY
15
Unlhnited Jurisdiction
Trans&reread Real Pmty In hterest. Demand Exceeds $ 100,000

Petitioner CRAEMAN, LLC (hereafier "Cmenum" or "PetitionePj by its.undersigned counsel

respectfully petitions this Comt pmsuant to Sections 10134 er seq. of the Cailforia Insurance Code, as

amended, for appmvsl of the transfer of oerhin ructured settlement payment xights, and in support .

thereof, states as follows:
22 THE PARTIES
1. Pefitioner is a limited Babfilty. coxnpauy organized and existing pursuant to the laws of the
State of Delaware wilh its principal place of business in Delray Beach, Florida Petitioner is the Buyer"

and "Transferee" as those terms are defined in the California Insunmce Code section 10134 er see., and
the Txansfer Agreement which is the subject of this Petition.
2. Real Party in Interest Jutta Kelley (hereailer "Kelley", "Txansferor", or "Payee") is an
individual residing in Bslrexsfield, California.

1
PETITION FOR TRANSFER OF STRUCTURBD SETILEMBNT PAYMENT RIGHTS
I 3. FL Assignments Corporation(the "ObIigor") is an insurance company authonzed to do
2 business in the State of California, with its piincipal place ofbusiness in New York, New York Fl
3 Assimnn~ Corporation is the Structured Settlement Obligor, as degned by Cal. Ius. Code section
4 10134(k), and which has a continuing.periodic payment obligation to the Payee under a structured

5 settlement agreement or a quali6ed assignment agreemeut.

6 4. Guaranty Association Benegts Company (the "Annuity Issuer") is an 'usurance company
7 authorized to do business inthe Sate of California, with its principal place ofbusiness in Washington,

8 DC. Guaranty AssociationBeueEts Company has issued an insunmce contractusedto fund the

9 structured settlement payment obligations of the Obligor.
10 JURISDICTION AND VENUE
11 5. This Court has subjectmstterjurisdiction over the mstant action and petition pursuaut to
12 Cal tus. Code section 10135(c) as either (1)'the Payee was domiciled in California at the thne the
13 transfer agreement was signed by the Payee, or (2) the payee was notdomiciiedin Califmniaat the thne

14 the transfer agreeuint was signed and the state where the payee was domiciled does not have a
15, struchued settlement tmusfer statute, but either the ObHgor or the Annuity Issuer is domiciled in

16 California. In this ease, the Payee was domiciled in CaHfomiaat the time she signed the transfer
17 agm ament.

18 THE TRANSFER AGREEMIPTT
19 6. In or amund 1984, Payee entered Into an agreement Srthe settlement of a tort claim for
20 damages.

21 7. Petitioner is Informed aud believes and thereon alleges that the undedying stmctured"
22 settlement tliat established the annuity at Issue inthe prcsestt case contained or may have contained a

23 pmvisionthatrestrictedand/orpmhibited the rightan/orpowerto asslgntheAssiguedPayments'at
24 issue. Notwithstanding sech provision, where no ntcrested parties object to the transfer of structured
25 settlementpaymentrights, the anfi~sigumeutpmviiions in an annuity contract, settlement agreemeut,
26 or other related contracts do not bar court-appmved transfers of structured. settlement paymectL See 321
27 Hemkrscn/teceivubles Orig/ncr/cn LLC v. Sloteco (Cal. Ct. App 5 Dist. 2009) 173 CalAppA+ 1059,
26 1072,93 CaLRptr3d321,334.

2
PETITION FOR TRANSFER OF STRUCTURED SElTI EMENT PAYMENT RIGHTS
I 8. The settlemeat agreed to by the Tamsfezor provides for certah periodic and lump sum
paymeats, including but not limited to the payments that are the subject of this Petition.

9. Payee has demonstrated the reasons why she desires to.seH and transfer to Transferee her
structured payments pursuant to CsL Ins. Code section 10134 et ssq., and her compHaace with the

pmvisions of the Insuamce Code. A true and correct copy of the Declaratioa of Jutta KeHey h Support

of Petition fbr Approval of Transfer of Structured Settlement Paymeat Rights ('Kblley Declaration") is
attached hereto as Exhibit A. The masons for the transfer include sttmtn~wco her car paymeah, making

a down paymeat on a house and impmviag her Hnancial circumstances. (Kelly Declaration at para.9.)

Court
IO

12
10. Payee has agreed to ssH and Transferee has agreed to pmchase, lump sumpayments, as
referenced withh their writtea agmemsnt entitled Agresmsnt far Sale of Structmed Settlement Payments

dated March 19,2024, the proposed "Tzansfhr Agreement." A true and cozrect copy of thc pmposed

Transfer Agreement is attached hereto as Exhibit B.
13

14
11. T~ shaH,upoa this enterin an Order appmvingthe Tzamdbr Agreement,
assign aH its zight, title and interest ia and to the said proposed Transfbr Agreement to its assignee, to be

15 designated at the time of the hearing on the present matter.
16 COMPLIANCE W1TH INSURANCE CODE REOUIREMENTS
17 12. Pursuant to Cal. Ins. Cods section 10137(a)(1) and Cal. Ins. Code section 10139.5(a)(1),
18 as well as 26USC section 5891(b)(2)(A)(ii), Petitioner aHeges that the transfbr of stzuctuaxl settlement

19 payment rigbts ia the present matter is gdr and zeasonable and in the best interests of the Payee, nddng
20 into account the welibre and support of the Payee's dependents, if any. In this case, the Payee has ao

13. Purscuurt to CaL In@ Code secgons10137(b) and 101395(a)(4), as well as 26USC section

23 5891(b)(2)(A)(i),Petitioaer aHegis that the transfer ccmplies withthemguizumenm of CaL Ins, Code
24 section 10134, ezseq., end wiH not contravene other appHcabls law, doss not contravene any applicable
statute or the order of any court or other government authority, and does not contraveae any federal or

26 state statute or the order of any court or respesibie administrative authority.

27 14. Pursuant to Cal. Ins. Code section 10139.5(a)(2), Pehtioaer aHeges that the Payee has
,28 been advised iu writing by tbe Transfime to seek independent pmfbssional advice regarding the transfer

3
PRISON FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
I and has either received that advice or knowingly,in writing, wsivedthe oppoxtunityto nmivethe

2 advice. In this case, Payee has waived the advice ofindependent counseL A true and correct
copy of
3 Payee's Independent Pmfessional Advice ("IPA") Waiver dated March 19, 2024 is attached hereto as
4 Exhibit C. PayeeatExms that she was advised of the right to IPA and has knowingly waived that righ.
5 (Kelly Declaradon, para 16.)
6 15. Pursuant to CaL Ins. Code section 10139.5(a)(3), the Petitioner has complied, or will
7 comply at the time of the hesring, with the notiticaticn requirements of Cal. Ins. Code section
8 101395(fl(2), and the Petitioner has provided the Payee with adisclhsuxe statement that compHes with
9 CaL Ins. Code section 10136(b) and the transfer agreement compiles with Cal. Ins. Code secrions

10 10136(c) and 10138. True aud correct copies of the Disclosure.Statements received, acknowledged and

11 agreed to by Payee on Mmch 19,2024 are collectively attached hereto as Exhibit D. Payee has xcad, and
12 understands the disclosures.,(Kelly Dechuation, para. 15.)

13 16. Pursuant to Cal. Ins. Code section 10139.5(a)(5), the Payee understands the texms of the
14 Tmnsfer Agreement, including the terms set'forth m the disclosure statement xxspdxcd by Cal. Ins. Code
15 section 10136(b). (See also, Kelly Declarahon, para. 17-18.)

16 17. Pursuant to Cal.lns. Code section 10139.5(a)(6), the Payeeunderstands and does not wish
17 to exercisethe Payee'aright to cancel the ~far Agreement (Kelly Declaration,para 19.)
18 18. Pursuant to CaL Ins. Code section 10139.5(f), the following decuma'nts shall be served
19 along with a copy of this'Petition and Notice of Hearing:
20 A. A copy of the Transferee's current pehtion aad/or summary of any other prior petition,
21 whether approved or withdrawn, that was baled withthe court in accordance with CaL Ins. Code section
22 10139.5(c)(6).
23 Inthis case,wlthinthelsst Eveyeais Payee coinpleted or attempted the followtug ransfbxs
24 summarized below:
25 1.22STCP01455-Superior Couxt of Los Angeles County, Txanstbr appmved 05-31-2022;
26 2. BCV19102364'Superior Court Kern County, Transfer approved 09-26-2019; and
27 3. BCV-22-100178-Supericr Court of Kem County-Transfer disnaM03-30-202? These

28 events are more fully described in the Kelly Derianmonat para. 10..

4
PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
I B. A copy of the pmposed Tmnsfer Agreemeut and disclostue statement requhed by CaL Ins.

2 Cade section 10136(b). These documents am attached asExhbits B and D, respectively.
3 C. A Hating of each of the Payee's dependents, if any, together with each dependent's age.

4 In this case„Payee has no dependentL A true and correct copy of Payee's aQidavlt establishing
5 she has no dependents is attached hereto as Exhibit E
6 D. A copy of the annuity contmct, if available.
7 In thh case, a copy of the annuity contract is not available. T ansferee has attempted to obtain the
8 annuity contractrelated ro Payee's annuity, but a8er diHgent eifcrthas not been able to obtain it. A true
9 aud correct copy of Transferee's AIHdavtt of Due DiHgence is attached hereto as Exhibit F. Nor has

a~
10 Payee been able to obtai'n a copy. (KeHy Declandiou, panL 13.)
11 E. A copy of the quaHHed assignment if avsHable.
12 Inthis case, a copy ofthe quaHHed assignmeut'agreenmt is not available. Trausguee has
13 attempted to obtalntheassigumeutagreemant related to Payee's annuity, but aSer diligent eSzt has not

14 been able to obtain it. A true aud correct copy of Transferee's Af{idavit of Due DiHgence is attached
15 hemto as Exhibit F. Nor has Payee been able to obtain a copy. (KeHy Declaratiou, para 13.)

16 F. A copy oftheunderlying ructured settlemeut agreement, ifavaHable.
17 A copy of the underlying structured settlement agreement is attached as Exbil&it A to the KeHey
18 'eclararion.
19 19. Petitioner states aud submits that alI of the 5negoingregdrenmtseither have beenmet or
20 will be met pnor to any scheduled hearing, and the Petiticmer respectfuHyrequest that this Court approve

21 the tramdhr of the tructurrd,settlemmt payments that arethe subject of this petition.
22 20. Califonm Insurance Code section 10139 5(h) rnpnres that no later than the time of Sing
23 of the petition for court approval, the Transferee shall advise the Payee ofthe Payee'sright to seek
24 independent counsel and Qnanclai advice in connecuon with the Transferee's petition for court approval
25 ofthe ~Agreement, and that the 'Ihmsferee shall further advise the Payee that ifthe Payee retains
26 counsel, a licensed cerhged pubHc accountant, or a licensed actuary in connection with the petition for an

27 mder approving the Transfer Agteemeut, that the Traustbree shall pay the fees of the Payee's counsel,
28 accountant, or actuary, regardless of whether the Tnmsfer Agreement is approved, and regardless of

5
PElTZION FOR TRANSFER OF STRUCTURED SEITIZMENT PAYMENT RIGHTS
I whether the attorney, accountant or actuary files any document:or appears at the hearing on.the petition

2 for transfer, in an aggregate amount not to exceed one thousand 'five hundred dollars ($ 1,500). Further,

3 that such. advice may not be provided by an a'ccountant, counsel, or actuary of the Transferee.
4 21. Petitioner states and submits to the Couit, that this petition, the Notice of Petition attached
5 hereto, the advisory statement provided to the Payee all comply, with and satisfy the requirements of Cal.

6 Ius. Code section 10I39.5.

7 22 Payee understands the terms of, the transaction, is entering into it under her own fee will and

8 volition, and without reservation, duress or'undue influence. Payee requests that the Court find that the.

9 tmnsaction is in her best'interest. (Kelly Declamtion, para. 18,20.)

10 PRAYER AND REQUEST Ii'OR ORDER
1 I WHEREFORE, Petitioner respectfully request that upon fulfillment and completion of all
12 disclosures and notices set forth in California Insurance Code section 10134 er seq., this Court enter an

13 Order approving the Transfer Agreement by and between Payee and Transferee
34 Respectfully submitted,
15

16 Dated: April 4, 2024 'SCHNEiDER dt BRANCH
17

18 By: ( l Ahk~
Michael L. Branch
19 Attorneys for Petitioner
CRAEMON, LLC
20

26
27

6
PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
uoesfsnmt sass lm
i sssness-~isAos &ASsssssssss

DECZaSESTZON OP JUTTA
oP TRRMEFER oP'TRUcTURED
~sET~ ZE SUPPORT OP PRTZTXON PQS APPROVAII
PATSY RzsETs PUREUlusT To
CllliZPDRML ZES URSNCE
CODE S 10134, ET SEQ.

I, Jutta Kelley, am over the age of eighteen. I
have personal
knowledge of all facts stated in this declaration, and if called
as a witness, I could and would competently testify as follows:

1. I am an interested Party in this petition. This
9
declaration is made in support of the petition for appzoval of
10
the transfer to Czaeman, LLC ('"Petitioner" ) of my rights to
'1
1
future structured settlement payments from an annuity pursuant
12
to California Insurance Code S 10139.5(b) .
13
2. I am a 60 year-old single woman with no minor
14
dependents. I reside at 2304 woolard Dr, Bakersfield, CA 93304.
IS
3. Pursuant to Ca. Ins. Code S 10139.5(b). (8), I am
16
required to disclose my court-ordered child support or
17
maintenance obligations to the court and the Transfezee. I do
18
not have any minor children or any court-ordered child support.
19
4. I have agreed to sell my interest in 228 monthly life
20
contingent payments in the amount of 5 monthly life contingent
21
payments in the amount of $ 1,166.24 commencing on September 5,
22
2024 and continuing through, and including January 5, 20257 84
23
monthly life contingent payments in the amount o'f $ 1, 201.24
24
commencing on Febzuazy 5, 2025 and continuincl through, and
25
including January 5, 2032, increasing 3% annually; 12 monthly
26
life contingent payments in the amount of 8857.41 commencing on
27
Febzuary 5, 2032 and continuing through, and including January
28
5, 2033; 12 monthly life contingent payments in the amount of
DncnS!Sn En, slnpn lD: BBED44BSEBBO4DSDSADS-1ASESS333333

I; 662.11 commencing on February 5, 2033 and continuing through,
$ 1,
2 and including January 5, 2034; 60 monthly life contingent
3 payments in the of $ 2, 191.93 commencing on February 5,
amount
4 2034 and continuing through, and including January 5, 2039,
5 increasing 3% annually; and 6i monthly life contingent payments
6 in the amount of $ 3,770.92 commencing on February 5, 2039 and
7 continuing through, and including February 5, 2044, increasing
S 3% annually to Petitioner, as set forth in the Transfer

9 Agreement
10 5. I not'elling all of the payments associated with my
am
11 structured settlement annuity. If this transfer is approved, I
12 will continue to receive unenoumhered monthly payments of
13 $ 4,371.53 beginning March 5, 2044 and for the zemainder of my
14 life with a 3% annual increase every February. I will also
15 receive a lump sum in the amount of $ 26,960.00 due February 5,
16 2045.
17 6.I received this structured settlement annuity in
IS resolution of a lawsuit filed in oz about 1984 for the wrongful
19 death of my husband.
20 7. When the settlement was completed, the future periodic
21 payments that aie the subject of the proposed transfer were not
22 intended to pay for future medical care and treatment relating
23 to the underlying incident.
24 8. When the settlement waa completedn the future peziodic
25 payments that aze the subject of the proposed transfer weze not
26 intended to provide for my necessary living expenses and I do
27 not rely on the Assigned Payments for my current or necessary
2S living expenses.
Dacusgnm ( sojs m: 80ED4499 ERBM02MAOG 1A9ESNSS529

I 9. I currently work as a Health Aide for the company Adult
2 Aging Services, earning around $ 1,900 per month. I'e
held this
3 position for two years. I also reside with my daughter and son-
4 in-law, who also play a role in supporting our household
5 finances. I am seeking to complete this transfer with the
6 petitioner in order to elind.nate my monthly caz payments and
7 utilize the funds towards a down payment on a home. This
8 decision is made in good faith and with the intention of
9 financial circumstances. At my present address, I
improving my
IO ,am currently a tenant and pay $ 1,500 a month in rent.
By
Il completing this transfer and upon paying off my vehicle entirely
12 and acquiring the down payment foz a home, I anticipate
saving
13 approximately $ 1,200 pez month. This financial
adjustment not
14 only allows for the elimination of my car payments but also
15 facilitates the accumulation of equity through
homeownership.
16 10. Within the past five years I have completed the
17 following previous stzuctured settlement transfers:
(i) I
I8 assigned monthly life contingent payments of $ 650.00 from June
I9 4, 2022 to January 4, 2023'nd monthly life contingent payments
20 of $ 715.00 from February 4, 2023 to December 4, 2055 in a
2I transaction approved by the Supezioz Court of Los Angeles County
22 in Case Number 22STCP01455. Forthis transaction, I received a
23 purchase price of $ 60,000.00 at a rate of'6.38%. I used the
24 funds from this transfer to pay off medical debt and credit card
25 debt. This matter was approved-on or about May 31, 2022: (ii) I
26 assigned monthly life
contingent payments of $ 238.46 from
27 February 5, 2023 to January 5, 2024'onthly life contingent
28 payments of $ 300.00 from February 5, 2024 to January 5, 2032,
DoooSfon En i Sopo 1D: 88ED44~2D4NOS-1ASE88383333

I 'increasing 3%annually; and monthly life contingent payments of
2 $ 1,000.00 'from February 5, 2032 to January 5, 2039 in a
3 transaction approved by the Supezior Court of Kern County in
4 Case Number BCV19102364. For this transaction, 1 received a
5 purchase price of 813,500.00 at a rate of 20.43%. I used the
6 funds from this transfer to pay for substantial dental work.
7 This matter was approved on oz about September 26, 2019; I was
8 satisfied with these previous transactions.
9 11. I have not attempted any previous transactions with the
10 Transferee that were denied, or that were dismissed or withdrawn
Il prior to a decision on the merits, within the past five years.
12 12. I have attempted one previous transaction with another
13 person oz entity that was dismissed oz withdrawn
prior to a
14 decision on the merits, within the past five
years. This
15 transaction was filed under Case Number
BCV-22-100179 in the
16 Superior Court of Kern County. I have not had
any denials.
17 13. I do not cuzzently possess a copy of the Vnifozm
18 Qualified Assignment, or Annuity Contract. I
have requested
19 copies from the annuity owner in the
past and that request was
20 not honored. I do have a copy of a Statement of Settlement
Terms
21 tha't is attached as an exhibit.

22 14. I believe the financial terms of this transfer,
23 including the discount rate applied to determine
the amount 1
24 will receive, the expenses and costs of the transaction,
and the
25 size of the transaction aze fair and reasorrable.
26 15. I received and read the separate written disclosures
27 provided by Petitioner, as required by California Insurance Code
28
Dooospn 8 i elope st NE04488 E2So492MADS-1A98! 6383623

Isection 10136(b) at least 10 days before I signed the Transfer
2 Agreement. I understand the terms of the Disclosures.
3 16. I have been advised by Petitioner of my right to seek
4 independent counsel and financial advice im connection with this
5 petition foz court approval of the transfer agreement. 1 have
6 been further advised that if I retain counsel, a licensed
7 certified public accountant, or a licensed actuary in connection
6 with a petition foz an order approving the transfer agreement,

9 that Petitioner would pay the fees of said counsel, accountant,

10 or actuary, regardless of whether the transfer agreement is

Il approved, and regardless of whether the attorney, accountant, oz
12 actuazy files any document or appears at the hearing on this

13 application for transfer, in .an aggregate amount not to exceed
14 one thousand five hundred dollars (31,500). I hereby waive that
15 advice and do not wish to retain such an independent advisor.

16 17. I have received and reviewed copies of all items as
17 required by Cal. Ins. Code .510139.5(f)(2), including (1) the

18 Transfer Agreements offered by Petitioner; (2) a
copy of the
19 Petition for Court Approval for this transfer; (3) a
copy of the
20 disclosuzes required by Cal. Ins. Code 5 10136(b); and(4) a copy
2I of the Notice zegarding the heazing on this Petition foz
22 Approval of Tzansfer Structured Settlement Payment Rights as

23 required by Cal Ins. Code 510139 5.(f) (2).

24 18. I understand the nature and terms of this transaction,
25 and am entering into this transaction with Petitioner of
my own
26 free will and volition. I am doing so without reservation,
27 dure)ss or undue influence.
28
OoeoSISo Eo i elope EL SSEO44S!%2SG4DSDSAOS 1ASESSSSSSSS

I 19. I understand that I have a right to cancel the
2 Transfer Agreement up until the time the Judge approves the
3 sale, and I do not wish to exercise the right to cancel.
4 20. Based on the foregoing I zespectfully request that the
5 Court find that this transfer is in my best interest.
6 21. I offer this declaration in lieu, of personal testimony
7 pursuant to California Code of Civil Procedure, section 2009 and
8 2015.5; California Rules of Court, Rule 1225; and Reiflez v.
9 Superior Court t1974) 39 Cal.App.3d 479.
10

z:,decare undei penalty of ip~juzy that 'thee Kozeigoing-'i.a true
and: cbriect and thht'his deci@ration w'a's executed en.
.
8/JS/2024
e in Bahersfield, cali.foznia
14

16 tutta Rmlley"
17

20
21

28
R~T OF SETTLFHEOT.. TSAR

plaintiffs, Terri Durri Joseph Darn, Jr. and Darleaa Ourr snd
~faxes- Rristfna pfelCs .and gtephauie 'KelLY, by an4 through
'8Ceer attn!nays, have agreed to settle'.their claims as
defendants, consnrofal cleaning corporation~ Nsstsrnagain
teams'ox
Rafrfgsratfou corporation upon the'ollowing
I
Bar and

ll) That defendants agree to mshe future pario8ic payments to
))Yi

gutta pislds and Turxf Dure, respsctfvely& ss follosas

ma%4ilsE'Y:,,
tba'«a««40 ''mppn."~~I-
!v 'r ma«~m
gomsaatllp«A
-
'-se
«be.
m)vries«av~ e
Ib) A paymsrit tc Jutta Tfe'Lds Terri burr, respective-
ly; of the sms of S1DD,DOO.DO'n zebrussy 5,and1995 and in a like sum
every 1D years thereafter Curine their rispective lives, with the
first 3 such payments to hs guaranteed.
ly) That clefendantu agree to mshe future payments fn the
snouat o! S75b.bd per month to Rristina pfelds,
Qosaph Durr, Jr ~ and Qarlene Durr, respsctfve1y. Stsphnnis Relly&
payments are
tc ccnnance when mmch of'hese individuals attain Thethe age cf 10 snd
ore to cuntface until each such fndivfdual attains'he cf SO
years. The payments will increase at the rate of 35 psrsgsannum
cospsunded, such interest accural to bigin rousing on Psbruary 5,
1005 evan though actual recafpt of funds fs to he postponed untf1
tbs fadfvidusl~s 10th year
l3) That defendants agree to make cash payments to Rristina
M'fefds& Oyupbdnfe Relly, Joseph Durr, Jr. an& Darlene
Data, re-
spectively', 'at such time as each such fndfvfdua1 attains
following ages ami in the follcvfng nmosatsx ths
SD years o! age - $100,000
40 years o! ags
45 years oi'ga - $5100,000
250,000
50 yearn of ags . - S500,080
Defendants, Comnercfaf Cleaning'orporation and Masters Marine.

'l)
and Rsfrigsrnticn Corporation are to purchase a hand

according to ths terms o! tb)s agrsemsst.,
from either the
Insurance Company og Horth America or Tha Travelers insurance Company
to insufe that the parfodic psym'ants agreed to bs mala are guaranteed;
Rsah defendant mfa, in sddftfcn to ths above, pay s total
sum of cash smcsnsfng to tba approximate sum of Sgsu,sco.oo

allasatail in accordance with fntsie Orders of thfs Court.
I
which
vill ba received by the plafntfffs snd dfskributdd aud otherwise
«J',i'Page
2
ma
'efendantsg
Commeroial. Cl ning corporatio sand Western Narine
and Refrigeratien corporati'on, by and through
eo the above terms.
their attorneys, agree
agree'o
Im consideration of this settlement agreement, plaintiffs
release defenilants, conmeeciaL clsanlag corporation ams western
Narine and Refrigeration cotporatio from any and all olaims they
have arising from the deaths of dos pb Snrr and Rteazf yields.
~~ling jlf1eamm algL Jg c's
~: iijVfsy '~
he~
NeINNISt PISSSSRALOi RRESy SNBRFNP

attorneys for plaintiffs

sated t f .m ~
.@; ROBINSON 8 ROBIllSOR
~ A
~

Mllnr. Pe 'RQBXNSONy'R
attorneys for Ds'fondant,
Commercia1 Cleaning Corporation

Datedl PPfjf
„rneys fntgefendant,
wes)ern Neriiie and Refiner ation
'Cor~liration:
EXHIBIT B
DoaSlgn Envelops sv SOE0449&E28o452c4A06.1ASESN83823

Agreement for Sale of Structured Settlement Paymenh
dutta Kelley

This ls an Agreement between Jutta Kelley (referred to as "you" in this Agreement)
and Craeman, LLC ("Buys. This Agreement sets forth the tenne of a
legally
binding contract in which you agree to sell structured seNement payments to
Buyer. This Agreement and all gs terms are sub)act to the approval of a court,
which, by law, must approve the Agreement before It is canted out.

Background

A. Borne time ago, you (or someone acting for you) entered Into a Settlement
Agreement. You have told Buyer that you have the right to receive certain
payments due unrier that Settlement Agreement.

B. In connection with
that SeNement Agreement, an insumnce company
agreed to make the ssNement payments now due to you. In turn, that
insurance company arranged'for the purchase of an Annuity Policy 80 that
those seNement payments would be made on an agreed schedule.

C. Because the setthment payments are fundedby an annuity, your risk of not
getting paid by the insurance company is low. However, those seNement
paymenis w'ill be made fn the future, on a schedule that may no longer
meet your needs.

D. Accordingly, and aller considering other ways. of.raising current cash, you
have decided that you want to sell some (or all) of your seNement
payments. Simply stated, ycu now want to give up the right to receive
ca&in future setllement payments'in a trade for a lumpmm cash,payment
from Buyer.

THEREFORE:
Dncuagn Riel ope lO: 90ED4499 E28MD2MADS 1ASN6313ae

The Sale: You agree tc sell and Buyer agrees to buy the settlement
payments identlgsd as the "Assigned Payment's" at the very end of this
Agreement. In exchange, Buyer agrees to psy you (and you agree to
accept) cash in the amount of the Purchase Price stated at the very end of
this Agreement.

Life Health Assessment and LI$ s Expectancy Report Required: Your
structured settlement provides that some or ag of the Assigned Payments
will be paid only while you are alive. Accordingly, If we purchase such
payments, we bear the risk that we will not receive some or all of the
payments should you die before they are paid out. Therefore, before we can
buy your Assigned Paymerds, we will require a health assessment and life
expectancy report (In a form sagstactory to Buyer) cordirmlng your health
status and life expechrncy, with resugs saysfsctory to Buyer. You agree to
cooperate and take ag slaps mquired by us to obtain such a health
assessment and life expectancy report. wMch may include undergoing a
medical exam similar to a standard 'assurance physical, providing copies of
your medicalrecords, and/or pnividing information and/or signing
documents setgng forth Informadon concemlng or authorizing the release to
us of Infonnagon regarding your age, gender. and health status. The
Purchase Price we have agreed to pay Is based on what you have told us
aboutyour age, gender, and health status (including your health history,
smoking status, etc.). If the assessment and report indicates something
dgi'emnt tharr what you have told us or indicates that you may be sug'ering
from or expected to succumb to a life-threatenin'g Illness or condigon, we
may not purchase your "life congngent" payments."

What Happens if the Court Does'Not Approve the Transaction: In the
vast maJnrky of cases involving structured settlement transt'ers, Buyer wins
court'approval without undue, expense or delay. But if, for some nnrson, the
court does not approve the safe, or if Buyer elects to cancel in light of the
op posl5on of some other person'or in msponse.tb ratmg agency.acgon as
stated above, no payments will be transferred from you, no, monies will be
paid to you, you will have no further obggagon to Buyer, and Buyer will have
no further obligation to you.

General Provisions: The headings in this Agreementbare to meke it easter
to read and shall not aghct the meaning of this. Agreement. This Agreement
and the Atlached Exhibits make up the entire agreement behveen'you and
Daau&tin EnWla&S ln: 9&ED44&&E28O4MMAOB-ii6&9&393&23

Buyer and replace all prior-anangements and understandings. written or
spoken. This Agmement can only be changed, repfaced, or canceled by a
wriTing signed by you and Buyer. If any part of.this Agreement Is ever held to
be to invalid under any applicable low. that provision shall be deemed
modilied to the extent necessary to render it.enforceable. If modification is
not possible, then the provision shall be severed and the validity of the
remaining provisions shali not be aifectsd. In the event of a lawsuit to
enforce this Agreement, the unsuccessful party'hall pay to the successful
party all costs and expenses, including, without limitafion, actual
attorneys'ees,
expended or incurred. Any dispute under this Agreement shall be
resolved in a court In the state where you are now residing, under the laws
of that state. All of the terms and condlgons of this Agreement shall be
binding on and be enforceable by you end Buyer and you and Buyer'
respective heim, successors and asslgnL All nofices shall ba in writing and
shall be deemed to have been duly given if'mailed first class, postage
pmpaid, ceNIIed United States mail, return receipt requested. This
Agreement may be executed In two or more counterparts, all of which shall
be considered one and the same agreement.and shall become effective
when two or mote counterparts have been signed by each of the paNes
hereto and delivered to'the other paNss, it being understood that all tuuges
need not sign the ssmb counterpart thereof.

S. Payment to You: You. can choose to be paid by wire transl'er or by check. If
court you elect to be paid by some other means any charges imposed by.the bank
or money transfer service will be deducted fium yourpurchase prtce.

S. Court Approval: A court must approve your sale of payments befom the
Assigned Payments can be transferred ehd'monies will be paid to you. You
understand and agree that you will not be paid by Buyer until, the. company
that Is making the settlemertt paymenis has acknowledged receipt'of a final
hide,that: (a) cannot be appmled; (b) directs the Annuity Owner and
Issuer to make the Assigned Payments to Buyer '(or to on entity, hamed by
Buyer): and (c) makes all findings requhed by applicable state and fedemi
law.

7. Best ESorts and Working Together. Buyer agrees to use Ifs.best ettbrts
to obtain the required court approval in an uncontested court pmoeeding.
You agree to cooperate with Buyer in that effort and to do all things
reasonably necessary to cooperate with Buyer In fts effort to complete this
Qoonslpn Envelope ID: 99Ec4499 EZEG4DRMAQMA9999393923

transacffon. Among other things, you agree to promptly provide Buyer with
complete and legible copies of the Setgement Agreement and the Annug,
as amended and now in eihct, and execute such documents which may be
necessary tc obtain court approval of your sale to Buyer.

We Rely Upon What You Teil Us; All facts or statements in this
Agreement (including any attachments to thh Agreement) regarding you,
your situathn, the payments you are receiving, and the payments you are
now selling are based upon documents and'nformation that you have
provided to Buyer.!n entering into this Agreement, Buyer h relying upon
the truth of the statements you have made and.the documents you have
provided.

Your IIoney, Your Decision: You have told us that you are tB years of
sge or older, are of sound mind, not under the Influence of dmgs or alcohol,
and understand and agree

Case Info

Judge

Cervantes, Gina Track Judge’s New Case

Case No.

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Document Filed Date

April 10, 2024

Case Filing Date

April 04, 2024

County

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Proof of Service: IN THE MATTER OF JUTTA KELLEY

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