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

On April 04, 2024 a 2024-04-10 Not of Hrg re SST 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)
SCHNEIDER 8r, BRANCH
255 Broadway, Suite 400
San Diego, California 92 I 0 I
3
Telephone: (619) 702-0500
4 Facsimile: (619) 233-5535
Email: mlb&schneiderbranchlaw.corn
5

6 Attorneys for Petitioner,
CRAEMAN, LLC
7

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

CRAEMAN, LLC,
NOTICE OF HEARING ON PETITION FOR
12
Petitioner, APPROVAL FOR TRANSFER OF
13 STRUCTURED SETTLEMENT PAYMENT
Re: RIGHTS PURSUANT TO INSURANCE CODE
14 SECTION 10134 et seq.
JUTTA KELLEY,
Motion Hearing Date: May 9, 2024
16 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 California 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 trom Transferor and Real Party in Interest, Jutta Kelley (hereinafter "Payee") to
Petitioner, Craeman, 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 through 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

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

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

following documents are attached hereto:

(I) The original Petition for Approval for Transfer of Structured Settlement Payment Rights [Ins.
Code t]10139.5(f)(2)(A)], filed on April 4, 2024, is attached hereto as Exhibit 1.

(2) The Structured Settlement Payments Purchase Agreement signed by Payee [Ins. Code

t]10139.5(f)(2)(B)], is attached and identified as Exhibit B, in Exhibit l.

(3) Payee's statement with reference to dependents [Ins. Code t]10139.5(f)(2)(C)], is attached and

identified as Exhibit E, in Exhibit 1.

10 (4) The Disclosure Statement provided to Payee by Petitioner [ins. Code t]10139.5(f)(2)(D)] is

attached and identified as Exhibit D, in Exhibit 1.

12 (5) Attached and identified as Exhibit A, in Exhibit 1, 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. [Ins. Codex']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 1]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 1, is the Declaration of Due Diligence
24 identifying attempts to locate the annuity contract and/or qualified assignment. [Ins. Code

25 t]10139.5(f)(2)(E) and (F)].
26

2
NOTICE OF HEARING ON PETITION FOR APPROVAL FOR TRANSFER OF STRUCTURED
SETTLEMENT PAYMENT RIGHTS
This notice is served upon all interested parties pursuant to California Insurance Code

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

Dated: April 10, 2024 SCHNEIDER & BRANCH

n„: (AAnA~
Michael L. Branch
Attorneys for Petitioner
CRAEMON, LLC

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) Kern County Superior Court
SCHNEIDER dt BRANCH By Julia Barrera, Deputy
255 Broadway, Suite 400
San Diego, California 92101
Telephone: (619) 702-0500
4 Facsimile: (619) 233-5535
Email: mlb schueiderbranchlaw.corn
5

6 Attorneys for Petitioner,
CRAEMAN, LLC
7
SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN
10 In Re the Petition of: BCV 24 101 172

CRAEMAN, LLC,
PETITION FOR APPROVAL FOR
12
Petitioner, TRANSFER OF STRUCTURED
13 SETTLKMKNT PAYMENT RIGHTS
Re: PURSUANT TO INSURANCE CODE
14 SECTION 10134 er seq.
JUTTA KELLEY,
Unlimited Jurisdiction
Transferor and Real Party In Interest. Deinand Exceeds $ 100,000

18 Pefifioner CRAEMAN, LLC (hereafter "Craeman" or "Petitioner") by its undersigned counsel

respectfully petitions this Court pursuant to Sections 10134 er seq. of the California Insurance Code, as

amended, for approval of the transfer of certain structured settlement paymentrights, and in support
21 thereof states as
follows'2
THE PARTIES
1. Petitioner is a limited li'ability. company orgardzed and existing pursuant to the laws of the
4 State of Delaware with its principal place of business in Delray Beach, Florida. Petitioner is the "Buyer"

and "Transferee" as those terms are defined in the California Insurance Code section 10134 et seq., and

the Transfer Agreement which is the subject of this Petition.

2. Real Party in Interest Jutta Kelley (hereafter 'Xelley", "Transferor", or "Payee") is an

individual residing in Bakersfield, California.

1
PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
I 3. FL Assignments Corporation (the "Obligor") is an insurance company authorized to do
2 business in the State of California, with its principal place of business in New York, New York FL

3 Assignments Corporation is the Structured Settlement Obligor, as defined 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 qualified assignment agreement.

6 4. Guaranty Association Benefits Company (the "Annuity Issuer") is an insumnce company
7 authorized to do business in the State of California, with its principal place of business in Washington,

8 DC. Guaranty Association. Benefits Company has issued an insurance contract used to fund the

9 structured settlement payment obligations of the Obligor.
10 JURISDICTION AND VENUE
11 5. This Court has subject matter jurisdiction over the instant action and petition pursuant to
12 Cal. Ins. Code section 10135(c) as either (1) the Payee was domiciled in California at the time the

13 tmnsfer agreement was signed by the Payee, or (2) the payee was not domiciled in California at the time
14 the transfer agreement was signed and the state where the payee was domiciled does not have a

15 structured settlement transfer statute, but either the Obfigor or the Annuity Issuer is domiciled in

16 California. In this case, the Payee was domiciled in California at the time she signed the transfer

17 agreement.

18 THE TRANSFER AGREEMENT
19 6. In or around 1984, Payee entered into an agreement for the settlement of a tort claim for
20 damages.

21 7. Petitioner is informed and believes and thereon alleges that the underlying structured
22 settlement that established the annuity at issue in the present case contained or may have contained a

23 provision that reslxicted and/or pmhibited the right and/or power to assign the Assigned Payments at
24 issue. Notwi hstauding such provision, where no in~ parties object to the transfer of structured
25 settlement payment rights, the anti-assignment provisions in an annuity contract, settlement agreement,
26 or other related contracts do not bar court-approved transfers of structured settlement payments. See 321
27 Henderson Receivables Origination LLC v. Sioteco (Cal. Ct. App 5+ Dist. 2009) 173 Cal&pp.4+ 1059,
28 1072, 93 Cal.Rptr.3d 321, 334.

2
PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
I 8. The settlement agreed to by the Transferor provides for certain periodic and lump sum
2 payments, including but not limited to the payments that are the subject of this Petition.
3 9. Payee has demonstrated the reasons why she desires to sell and transfer to Transferee her
4 structured payments pursuant to CaL Ins. Code section 10134 et seq., aud her compHance with the

5 pmvisions of the Insurance Code. A true and correct copy of the Declaration of Jutta Kelley in Support

6 of Petition for Approval of Transfer of Structured Settlement Payment Rights ("Kelley Declaration") is
7 attached hereto as Exhibit A. The reasons for the transfer include eliminating her car payments, making

8 a down payment on a house and improving her fmaucial circumstances. (Kelly Declaration at para. 9.)
9 10. Payee has agreed to sell and Transferee has agreed to purchase, lump sum payments, as
10 referenced within their written agreement entitled Agreement for Sale of Structured Settlement Payments

11 dated March 19,2024, the proposed "Transfer Agreement." A true and correct copy of the proposed

12 Transfer Agreement is attached hereto as Exhibit B.
13 11. Transferee, shall, upon this Court entering an Order approving the Transfer Agreement,
14 assign all its right, title and interest in and to the said proposed Transfer Agreement to its assignee, to be

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

19 payment rights in the present matter is fair snd reasonable and in the best interests of the Payee, taking
20 into account the welfare and support of the Payee's dependents, if any. In this case, the Payee has no

21 dependents.
22 13. Pursuant to CaL Ins. Code sections 10137(b) and 10139.5(a)(4), as well as 26 USC section
23 5891(b)(2)(A)(i), Petitioner alleges that the transfer complies with the requirements of CaL Ins. Code
24 section 10134, er seq., and will not contravene other applicable law, does not contravene any applicable
25 statute or the order of any court or other government authority, aud does not contravene any federal or

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

27 14. Pursuant to Cal. Ins. Code section 10139.5(a)(2), Petitioner alleges that the Payee has
28 been advised in writing by the Transferee to seek independent professional advice regarding the transfer

3
PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
I and has either received that advice or knowingly, in writing, waived the opportunity to nmive the

2 advice. In this case, Payee has waived the advice of independent counseL A true and correct copy of

3 Payee's Independent Professional Advice ("IPA") Waiver dated March 19, 2024 is attached hereto as
4 Exhibit C. Payee afihms that she was advised of the right to IPA and has knowingly waived that right.

5 (Kelly Declaration, 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 hearing, with the notification requirements of Cal. Ins. Code section
8 10139.5(f)(2), aud the Petitioner has provided the Payee with a disclosure statement that complies with
9 Cal. Ins. Code section 10136(b) and the transfer agreement complies with Cal. Ins. Code sections

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

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

13 16. Pursuant to Cal. Ins. Code section 10139.5(a)(5), the Payee understands the terms of the
14 Transfer Agreement, including the terms set forth in the disclosure statement required by CaL Ins. Code

15 section 10136(b). (See also, Kelly Declaration, pam. 17-18.)

16 17. Pursuant to CaL Ins. Code section 10139.5(a)(6), the Payee understands and does not wish
17 to exercise the Payee's right to cancel the Transfer Agreement. (Kelly Declaration, para. 19.)

18 18. Pursuant to Cal. Ins. Code section 10139.5(t), the following documents shall be served
19 along with a copy of this Petition and Notice of Hearing:
20 A. A copy of the Transferee's current petition and/or summary of any other prior petition,

21 whether approved or withdrawn, that was filed with the comt in accordance with Cal. Ins. Code section

22 10139.5(c)(6).
23 In this case, within the last five years Payee completed or attempted the following transfers
24 summarized below:
25 1. 22STCP01455-Superior Court of Los Angeles County, Transfer appmved 05-31-2022;
26 2. BCV19102364 Superior Court Kern County, Transfer approved 09-26-2019; and

27 3. BCV-22-100178-Superior Court of Kem County-Transfer dismissed'03-30-2022. These

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

4
PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
B. A copy of the proposed Transfer Agreement and disclosure statement required by Cal. Ins.

Code section 10136(b). These documents are attached as Exhibits B and D, respectively.

C. A listing of each of the Payee's dependents, if any, together with each dependent's age.

In this case,,Payee has no dependents. A true and correct copy of Payee's afiidavit establishing
she has no dependents is attached hereto as Exhibit E.

D. A copy of the annuity contract, if available.

In this case, a copy of the annuity contract is not available. Transferee has attempted to obtain the

annuity contract related to Payee's annuity, but atter diligent effort has not been able to obtain it. A true

and correct copy of Transferee's Afiidavit of Due Diligence is attached hereto as Exhibit F. Nor has

10 Payee been able to obtain a copy. (Kelly Declaration, para. 13.)

E. A copy of the qualified assignment agreement, if available.

12 In this case, a copy of the qualified assignment agreement is not available. Transferee has
13 attempted to obtain the assignment agreement related to Payee's annuity, but a&er diligent effort has not

been able to obtain it. A true and correct copy of Transferee's Afiidavlt of Due Difigence is attached
15 hereto as Exhibit F. Nor has Payee been able to obtain a copy. (Kelly Declaration, para. 13.)

16 F. A copy of the underlying structured settlement agreement, if available.
17 A copy of the underlying structured settlement agreement is attached as Exhibit A to the Kelley
Declaration.

19 19. Petitioner states and submits that all of the foregoing requirements either have been met or
20 will be met prior to any scheduled hearing, and the Petitioner respectfully request that this Court approve

21 the tmnsfer of the structured, settlement payments that are the subject of this petition
22 20. California Insurance Code section 10139.5(h) requires that no later than the time of filing
23 of the petition for court approval, the Transferee shall advise the Payee of the Payee's right to seek
24 independent counsel and financial advice in connection with the Transferee's petition for court approval
25 of the Tmusfer Agreement, and that the Transferee shall further advise the Payee that if the Payee retains
26 counsel, a licensed certified public accountant, or a licensed actuary in connection with the petition for an

27 order approving the Transfer Agreement, that the Transferee shall pay the fees of the Payee's counsel,

accountant, or actuary, regardless of whether the Transfer Agreement is approved, and regardless of

PETITION FOR TRANSFER OF STRUCTURED SETTLEMENT
5
PA~ 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 accountant, counsel, or actuary of the Transferee.
4 21. Petitioner states and submits to the Court, 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 Ins. Code section 10139.5.

7 22. Payee understands the terms of the transaction, is entering into it under her own Iree 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 Declaration, para. 18, 20.)

10 PRAYER AND REOUEST FOR ORDER
11 WHEREFORE, Petitioner respectfully request that upon fulfillment and completion of all
12 disclosures and notices set forth in California Insurance Code section 10134 er st., this Court enter an
13 Order approving the Transfer Agreement by and between Payee and Transferee
14 Respectfully submitted,
15

16 Dated: April 4, 2024 SCHNEIDER & BRANCH
17

By: ( 5I Aha~
Michael L. Branch
19 Attorneys for Petitioner
CRAEMON, LLC
20

6
PE11TION FOR TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
EXHIBIT A
Daaasipa Ea i Jape ID: 99ED4499-E2BCXD2D.9AD9-1A9E96393523

2 CAT ZFORNZA INSURANCE
P~
DECLARATZON OF JUTTA KELLEY ZN SUPPORT OP PETZTZON FOR APPROVAL
OF TRANSFER OP'TRUCTURED SETTLEMRNT RIGHTS PURSUANT TO

CODE 5 Z0134, ET SEQ.
3

4
I, Jutta Kelley, am over the age of eighteen.
I have personal
5
knowledge of all facts stated in this declaration, and if called
6
as a witness, I could and would competently testify as follows:
7

8
1. I interested Party in this petition. This
am an
9
declaration is made in support of the petition foz approval of
10
the transfer to Craeman, LLC (" Petitioner" of my rights to
)
11
future structured settlement payments from an annuity pursuant
12
to Califoznia Insurance Code 5 10139.5(b) .
13
2. I am a 60 year-old single woman with no minor
14
dependents. I reside at 2304 Woolazd Dr, Bakersfield, CA 93304.
15
3. Puzsuant to Ca. Ins. Code 5 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
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, 2025; 84
23
monthly life contingent payments in the amount of $ 1,201.24
24
commencing on February 5, 2025 and continuing through, and
25
including January 5, 2032, increasing 3% annually; 12 monthly
26
life contingent payments in the amount of $ 857.41 commencing on
27
February 5, 2032 and continuing through, and including January
28
5, 2033; 12 monthly life contingent payments in the amount of
DncuBI9n En Sopn lD: 96ED4499-E2BG4D2OBADB-1ABE96393623

1 662.11 commencing on February 5, 2033 and continuing through,
$ 1,

2 and including January 5, 2034; 60 monthly life contingent
3 payments in the amount of $ 2,191.93 commencing on February 5,
4 2034 and continuing through, and including January 5, 2039,
5 increasing 3% annually; and 61 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
8 3% annually to Petitioner, as set forth in the Transfer

9 Agreement..
10 5. I not selling all of the payments associated with my
am
11 structured settlement annuity. If this transfer is approved, I
12 will continue to receive unencumbered monthly payments of
13 $ 4,371.53 beginning March 5, 2044 and for the remainder of my

14 life with a 3% annual increase every February. I will also
15 receive a lump sum in the amount of 826,960.00 due February 5,
16 2045.
17 6.I received this structured settlement annuity in
18 resolution of a lawsuit filed in or about 1984 for the wrongful
19 death of my husband.
20 7. When the settlement was completed, the future periodic
21 payments that are 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 was completed, the future periodic
25 payments that are the subject of the proposed transfer were 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
28 living expenses.
Daausi9n Ea i Eaae ID: 90ED4499-EEBC'AD2D41AD6-1A9E96393623

1 9. I currently work as a Health Aide for the company Adult
2 Aging Services, earning around per month. held this
$ 1,900 I'e
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 eliminate my monthly car 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 improving my financial circumstances. At my present address, I

10 ,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 for a home, I anticipate saving

13 approximately $ 1,200 per 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 yeazs I have completed the
17 following previous structured settlement transfers: (i) I

18 assigned monthly life contingent payments of $ 650.00 from June

19 4, 2022 to January 4, 2023; and monthly life contingent payments

20 of $ 715.00 from February 4, 2023 to December 4, 2055 in a

21 transaction approved by the Superior Court of Los Angeles County
22 in Case Number 22STCP01455. For this transaction, I received a

23 purchase price of $ 60,000.00 at a rate of 16.38%. I used the

24 funds from this transfer to pay off medical debt and credit card
25 debt. This matter was appzoved on oz about May 31, 2022; (ii) I

26 assigned monthly life contingent payments of $ 238.46 from
27 February 5, 2023 to January 5, 2024; monthly life contingent
28 payments of $ 300.00 from February 5, 2024 to January 5, 2032,
Docosion En slope ID: 90ED4499-E2BG4D2D-3AD6-I A9E93393523

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 Superior Court of Kern County in
4 Case Number BCV19102364. For this transaction, I received a
5 purchase price of $ 13,500.00 at a rate of 20.433I. I used the
6 funds from this transfer to pay for substantial dental work.
7 This matter was approved on or 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
11 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 or withdrawn prior to a
14 decision on the merits, within the past five years. This
15 tzansaction was filed under Case Number BCV-22-100178 in the
16 Superior Court of Kern County. I have not had any denials.
17 13. I do not currently possess a copy of the Uniform
18 Qualified Assignment, or Annuity Contract. I have requested
19 copies fzom 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 I
24 will receive, the expenses and costs of the transaction, and the
25 size of the transaction are fair and reasonable.
26 15. I received and read the separate written disclosures
27 provided by Petitioner, as required by California Insurance Code
28
Dooosfpn Er elope ID: 90ED4499-E2BC4D2DBADS-1A9999393923
i

1 section 10136(b) at least 10 days before
signed the Transfer 1

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 in connection with this
5 petition foz court approval of the transfer agreement. I have
6 been further advised that if I retain counsel, a licensed
7 certified public accountant, or a licensed actuary in connection

8 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

ll approved, and regardless of whether the attorney, accountant, or
12 actuary files any document or appears at the heaiing on this

13 application foz transfer, in an aggregate amount not to exceed
14 one thousand five hundred dollars (81,500). 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 Couzt Approval for this transfer; (3) a copy of the

20 disclosures required by Cal. Ins. Code 8 10136(b); and(4) a copy
21 of the Notice regarding the hearing on this Petition for
22 Approval of Transfer Structured Settlement Payment Rights as

23 required by Cal Ins. Code 810139,.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 resezvation,
27 duress oz undue influence.
28
DoeoSISo Er i elope ID: SOED449~BG4D2DBADS-1ASE99393623

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 exezcise the right to cancel.
4 20. Based on the foregoing I respectfully 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 Reifler v.
9 Superior Court (1974) 39 Cal.App.3d 479.
10

I;declare under penalty of iperj,ury th'at 'the. fozegoingl i.s 'true
:and:"correct 'and that'hi's 'de'claration w'a'sexecu'ted on,
3/19/2024
in Baicezsfi.'eld, Cali.foznia..
14

16 tutta Kelley"
17

20
21

22
23
24
25
26
27
28
@P'STATELIEST
OF SFTTLFHEDT TERMS

Plaintiffs, Terri
Duzr, Joseph Durr, Jz. and Darlene .Durr snd
Rristina Fields and gtephauie Relly, by and through
4+1sc-
'HCeir attorneys,:havs agreed to settle'.their claims as againpgL
defendants, Commercial Cleaning Corporation ~
Western Burin~ land St
Refrigeration corporation upon the following terms:
I
(1) That defendants agree to make future periodic payments to
Jutta Fields and Tirri Durr, respectively, as followsc
I&&&&&~ &~ - "~ ~
h
3 )h)h)jhl4Ã6e'l8FVP'er00":c '
'sr'
A '-

(b) A payment tc Jutta Fields and Terri burr, respective-
ly; of the sum of $ 1DD,OOO.DD'n February 5, 1995 and in a like sum
every lD years thereafter during their respective lives, with the
first 3 such payments to be guaranteed.
I

{2) That defendants agree to make future pay»m&nts Ln the
.amount of $ 750.00 per mouth to Rristina Fields& Stephanie Relly,
Qosaph Dura, Jr. and Darlene Durr, respective).y. The payments axe
tc ccsmauce when'each of these individuals
:are tc continue rntil cash such individual attain the
attains'he age
ot 19 and
sgs cf 30
,years. The payments will increase at the rate of 3% psr annum
cozpcundkd ~ such Lnterest accural to begLn running on February 5,
1985 even though actual receipt of i'unde is to be postponed until
the individual's 19th year.
(3) That defendants agree to make cash payments to RrLstina
Fields, STephanie Relly, Joseph Durr, Jr. and Barleue Dure, re-
spectively', at such time as each such individual attains the
following ages and in the following, amounts:
30 years cf age $ 100&000
40 years of age 5100,006
45 years of age 9250,000
50 years of age $ 500,000
Defendants, Commercial Cleaning Corporation and Western marine
and Reirigeraticn Corporation are to purchase a bond from either the

'4)
Insurance Company of North America or The Travelers 1usurancs Company
to insuze that the periodic peym'ants agreed to be made
according to the terms of th)s agreement.,
are guaranteed
Racb defendant wS]), in addition bc the above, pay a total
sum of cash amouncing to the approximate sum ot $ 34C&0C9.00 which
will he received by the plaintiffs end dishzibutcd aud otherwise
allocated in accordance with future Drdars of this court.
,:4"

'Page I
~ m~
oefendants, commercial. cl ning corporatio sand Heaters marine
usa
and Refrigeraticn corporation, by and through their attorneys, agree
so the above terms.
In consideration of this settlement agreement, plaintiffs agree
to release defendants, commercial Cleaning corporation amd Mestern
Racine and Refrigeration Corporatio from any and all claims they
have arising from the deaths of Jos pb Durr and dtnarA Fields. Miff,

t
48~
II &: HclNRIe PIBSSSiaru, RSZS,
f%ygv SSARKZR',giK

Attorneys for Plaintiffs

oatedr RoBINsoN a RQBImsos ~
I
I
HARK P'RQBIBSONs SR."
Attorneys for Da'Candent,
Commercial Cleaning Corporation

~ ~ a: /~+/g(
. 'ltd'neys 'f o'',%iaaf end ant,
'westikn Baric'es and Refrigeration
Corporation;

P/,-~m-i
g};~g J,itic ~
.&lw';,j
~oiunl
8/i'e~-le.

p~q~ I„~ c~. ~!,.a -H %7n~~
EXHIBIT B
Doco6lpn EnveloPe ID: 90ED449~6G4D2D4AD6-1A9695893523

Agreement for Sale of Structured Settlement Payments
Jutta Kelley

This is an Agreement between Jutta Kelley (referred to as "youv in this Agreement)
and Craeman, LLC (" Buyer"). This Agreement sets forth the terms of a legally
binding contract in which you agree to sell structured settlement payments to
Buyer. This Agreement and all its terms are subject to the approval of a court,
which, by law, must approve the Agreement before it is carried out.

Background

A. Some 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 under that Settlement Agreement.

B. In connection with that Settlement Agreement, an insurance company
agreed to make the settlement payments now due to you. In turn, that
insurance company arranged for the purchase of an Annuity Policy so that
those settlement payments would be made on an agreed schedule.

C. Because the settlement payments are funded by an annuity, your risk of not
getting paid by the insurance company is low. However, those settlement
payments will be made in the future, on a schedule that may no longer
meet your needs.

D. Accordingly, and after considering other ways of raising current cash, you
have decided that you want to sell some (or all) of your settlement
payments. Simply stated, you now want to give up the right to receive
certain future settlement payments'in a trade for a lump-sum cash payment
from Buyer.

THEREFORE:
Oooesl9n Envelope IC: 90ED4499.529C&D2O9A05-1A9595393523

The Sale: You agree to sell and Buyer agrees to buy the settlement
payments identified as the "Assigned Payments" at the very end of this
Agreement. In exchange, Buyer agrees to pay 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 Life Expectancy Report Required: Your
structured settlement provides that some or all 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 Payments, we will require a health assessment and life
expectancy report (in a form satisfactory to Buyer) confirming your health
status and life expectancy, with results satisfactory to Buyer. You agree to
cooperate and take all steps required by us to obtain such a health
assessment and life expectancy report. which may include undergoing a
medical exam similar to a standard "insurance physical, providing copies of
your medical records, and/or providing information and/or signing
documents setting forth information concerning or authorizing the release to
us of information regarding your age, gender. and health status. The
Purchase Price we have agreed to pay is based on what you have told us
about your age, gender, and health status (including your health histoly,
smoking status, etc.). If the assessment and report indicates something
different tharr what you have told us or indicates that you may be suffering
from or expected to succumb to a life-threatenin'g illness or condition, we
may not purchase your "life contingent" payments."

3. What Happens if the Court Does Not Approve the Transacttori: in the
vast majority of cases involving structured settlement transfers, Buyer wins
court approval without undue,,expense or delay. But if, for some reason, the
court does not approve the sale, or if Buyer elects to cancel in light of the
opposition of some other person or ifi response to rating agency,acfion as
stated above, no payments will be transferred from you, no monies will be
paid to you, you will have no further obligation.to Buyer, and Buyer will have
no further obligation to you.

General Provisions: The headings in this Agreement,are to make it easier
to read and shall not affect the meaning of this. Agreement. This Agreement
and the Attached Exhibits make up the entire agreement between'ou and
Docnsf9n Envelope ID: 90ED449~BG4D2D41AD6-1A9996393623

Buyer and replace all prior. arrangements and understandings. written or
spoken. This Agreement can only be changed, replaced, 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
modified 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 shall not be affected. In the event of a lawsuit to
enforce this Agreement, the.unsuccessful parly shall pay to the successful
party all costs and expenses, including, without limitation, 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 conditions of this Agreement shall be
binding on and be enforceable by you and Buyer and you and Buyer'
respective heirs, successors and assigns. All notices shall be in writing and
shall be deemed to have been duly given if mailed first class, postage
prepaid, certified 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 more counterparts have been signed by each of the parties
hereto and delivered to the other parlies, it being understood that all parties
need not sign the same counterpart thereof.

S. Payment to You: You can choose to be paid by wire transfer or by check. If
you elect to be paid by some other means any charges imposed by the bank
or money transfer service will be deducted from your purchase price.

6. Court Approval: A court must approve your sale of payments before the
Assigned Payments can be transferred and 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 settlement payments has acknowledged receipt of a final
court order that: (a) cannot be appealed;. (b) directs the Annuity Owner and
Issuer to make the Assigned Payments to Buyer (or to on entity named by
Buyer): and (c) makes all findings required by applicable state and federai
law.

7. Best Efforts and Working Together'. Buyer agrees to use its.best efforts
obtain the required court approval in an uncontested court proceeding.
.to
You agree to cooperate with Buyer in that effort and to do all things
reasonably necessary to cooperate with Buyer in its effort to complete this
Doousign Envelope lD: 90ED4499.E2BC4D2D4tAD8-1A9E96393523

transaction. Among other things, you agree to promptly provide'uyer with
complete and legible copies of the Settlement Agreement and the Annuity,
as amended and now in effect, and execute such documents which may be
necessary to obtain court approval of your sale to Buyer.

We Rely Upon What You Tell Us; All facts or statements in this
Agreement (including any attachments to this Agreement) regarding you,
your situation, the payments you are receiving, and the payments you are
now selling are based upon documents and'information that you have
provided to Buyer. In entering into this Agreement, Buyer is relying upon
the truth of the statements you have made and the documents you have
provided.

Your Money, Your Decision: You have told us that you are 18 years of
age or older, are of sound mind, not under the influence of drugs or alcohol,
and understand and agree to the terms of this Agreement. Further, you
agree that no one has forced you to sign this Agreement nor has anyone
promised you anything other than what is stated in this Agreement in an
effort to persuade you to sign it.

10. Facts About Your Paymenls: Buyer must determine whether anyone
other than you is claiming an interest in the

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