On February 21, 2024 a
Complaint,Petition
was filed
involving a dispute between
Alfredo Aside, Llc,
and
for Petition to Transfer Structured Settlement Payment Rights
in the District Court of San Bernardino County.
Preview
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JUAN C. LOZANO, ESQ. (State Bar No. 241930)
THE LAW OFFICE OF JUAN C. LOZANO
t0 3555 Rosecrans St, Suite 114—208 golulfi‘
ED
SUPERIOR
San Dlego, CA 921 10 COUNTY OF SAL gégrekgcfiggm
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PHONE: (619)647-9129/ FAX: (619)330—9979
EMAIL: lozanolawgangailLom
Jk FEB 2 1 2021}
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Attorneys for Petitioner, -
ALFREDO ASIDE, LLC By;
V Leslie epeda. Deputy
Ch
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SUPERIOR COURT OF THE STATE 0F CALIFORNIA
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FOR THE COUNTY OF SAN BERNARDINO—
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SAN BERNARDINO JUSTICE CENTER
CD
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In Re Petition of: Case '
b3 fici V SB 2 ll U 1 3 7 5
ALFREDO ASIDE’ LLC
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PETITION FOR APPROVAL FOR
. .
TRANSFER 0F STRUCTURED
4> Petltloner SETTLEMENT PAYMENT RIGHTS
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PURSUANT T0 CALIFORNIA
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(Real Party In Interest: P.O.) INSURANCE CODE §10134 ETSEQ-
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NNNNNNNNN—‘HHHt—‘v—‘HHHH
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COMES NOW ALFREDO ASIDE, LLC, by the undersigned counsel, Which
CD
respectfully petitions this Court pursuant to §§ IO] 34 ct seq. of the California Insurance
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Code, as amended, for approval of the transfer of certain structured settlement payment
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rights, and in support hereof, states as follows:
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1. Petitioner, ALFREDO ASIDE, LLC is a Wyoming Limited Liability
J:
Company.
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2. Transferor, P.O., (the "Payee") is a statutory interested party in the present
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matter. Petitioner is informed and believes and upon that basis alleges that Payee is an adult
co resident of the County of San Bemardino, in California, and is over 18 years old.
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1 fr» Tami
[PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS]
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3. This Court has subj ect matter jurisdiction over the instant action pursuant to
Cal. Ins. Code § 10135(c) as either (l) the payee was domiciled in California at the time the
transfer agreement was signed by the Payee, or (2) the payee was not domiciled in
\OOONQUIQWNr—A
California at the time the transfer agreement was signed and the state where the payee was
domiciled does not have a structured settlement transfer statute, but either the Obligor 0r the
Annuity Issuer is domiciled in California.
4. Payee entered into an agreement for the settlement of a claim for damages.
5. Petitioner is informed and believes and upon that basis alleges that the
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underlying structured settlement that established the annuity at issue in the present case
h) contained language that restricted and/or prohibited the right and/or power to assign the
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Assigned Payments in question. Notwithstanding such language, where n0 interested parties
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object t0 the transfer of structured settlement payment rights, the anti- assignment
(A
provisions in an annuity contract, settlement agreement, 0r other related contracts d0 not bar
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court-approved transfers 0f structured settlement payments. 321 Henderson Receivables
NNNNNNNNN—‘r—‘HHt—IHH—tn—tt—A
00 Origination LLC v. Sioteco, 93 Cal. Rptr. 3d 321, 334 (Cal. Ct. App. 2009);
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6. The settlement agreed t0 by the Transferor provides for certain periodic
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payments including but not limited to the payments that are the subject 0f this Petition;
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7. Payee has agreed to transfer, and Transferee, ALFREDO ASIDE, LLC, has
DJ agreed t0 purchase periodic payments, as referenced Within their proposed Transfer
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Agreement. A true and correct copy 0f the proposed Transfer Agreement will be filed
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subsequently hereto.
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8. ALFREDO ASIDE, LLC, shall, upon this Court entering an Order approving
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the Transfer Agreement, assign all its right, title and interest in and to the said proposed
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2
[PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS]
Document Filed Date
February 21, 2024
Case Filing Date
February 21, 2024
Category
Petition to Transfer Structured Settlement Payment Rights
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ha JUAN C. LOZANO, ESQ. (State Bar No. 241930) THE LAW OFFICE OF JUAN C. LOZANO t0 3555 Rosecrans St, Suite 114—208 golulfi‘ ED SUPERIOR San Dlego, CA 921 10 COUNTY OF SAL gégrekgcfiggm W U0 PHONE: (619)647-9129/ FAX: (619)330—9979 EMAIL: lozanolawgangailLom Jk FEB 2 1 2021} Lh Attorneys for Petitioner, - ALFREDO ASIDE, LLC By; V Leslie epeda. Deputy Ch ‘4 SUPERIOR COURT OF THE STATE 0F CALIFORNIA 00 FOR THE COUNTY OF SAN BERNARDINO— VD SAN BERNARDINO JUSTICE CENTER CD FA In Re Petition of: Case ' b3 fici V SB 2 ll U 1 3 7 5 ALFREDO ASIDE’ LLC U0 PETITION FOR APPROVAL FOR . . TRANSFER 0F STRUCTURED 4> Petltloner SETTLEMENT PAYMENT RIGHTS JVVVVVVVVVVV PURSUANT T0 CALIFORNIA Ln (Real Party In Interest: P.O.) INSURANCE CODE §10134 ETSEQ- Ch \4 00 NNNNNNNNN—‘HHHt—‘v—‘HHHH VD COMES NOW ALFREDO ASIDE, LLC, by the undersigned counsel, Which CD respectfully petitions this Court pursuant to §§ IO] 34 ct seq. of the California Insurance ~d Code, as amended, for approval of the transfer of certain structured settlement payment b3 rights, and in support hereof, states as follows: Do 1. Petitioner, ALFREDO ASIDE, LLC is a Wyoming Limited Liability J: Company. Ln 2. Transferor, P.O., (the "Payee") is a statutory interested party in the present Ch \d matter. Petitioner is informed and believes and upon that basis alleges that Payee is an adult co resident of the County of San Bemardino, in California, and is over 18 years old. W“: 1 fr» Tami [PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS] Q 3. This Court has subj ect matter jurisdiction over the instant action pursuant to Cal. Ins. Code § 10135(c) as either (l) the payee was domiciled in California at the time the transfer agreement was signed by the Payee, or (2) the payee was not domiciled in \OOONQUIQWNr—A California at the time the transfer agreement was signed and the state where the payee was domiciled does not have a structured settlement transfer statute, but either the Obligor 0r the Annuity Issuer is domiciled in California. 4. Payee entered into an agreement for the settlement of a claim for damages. 5. Petitioner is informed and believes and upon that basis alleges that the c3 ha underlying structured settlement that established the annuity at issue in the present case h) contained language that restricted and/or prohibited the right and/or power to assign the U) Assigned Payments in question. Notwithstanding such language, where n0 interested parties .5 object t0 the transfer of structured settlement payment rights, the anti- assignment (A provisions in an annuity contract, settlement agreement, 0r other related contracts d0 not bar Ch \J court-approved transfers 0f structured settlement payments. 321 Henderson Receivables NNNNNNNNN—‘r—‘HHt—IHH—tn—tt—A 00 Origination LLC v. Sioteco, 93 Cal. Rptr. 3d 321, 334 (Cal. Ct. App. 2009); VD 6. The settlement agreed t0 by the Transferor provides for certain periodic CD payments including but not limited to the payments that are the subject 0f this Petition; hi b0 7. Payee has agreed to transfer, and Transferee, ALFREDO ASIDE, LLC, has DJ agreed t0 purchase periodic payments, as referenced Within their proposed Transfer 4> Agreement. A true and correct copy 0f the proposed Transfer Agreement will be filed Ln subsequently hereto. Ch ‘ 8. ALFREDO ASIDE, LLC, shall, upon this Court entering an Order approving \d the Transfer Agreement, assign all its right, title and interest in and to the said proposed 00 2 [PETITION FOR APPROVAL OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS]