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1 James Felton, Esq. (State Bar No. 138767)
jfelton@gblawllp.com
2 G&B LAW, LLP
16000 Ventura Boulevard, Suite 1000
3 Encino, California 91436
Tel: (818) 382-6200 • Fax: (818) 986-6534
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Attorneys for Petitioner
5 J.G. Wentworth Originations, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF KERN, METRO JUSTICE BUILDING
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11 IN RE Petition of: CASE NO.: BCV-24-101005
12 J.G. WENTWORTH ORIGINATIONS, LLC. UNLIMITED JURISDICTION
Petitioner
13 (PROPOSED) ORDER APPROVING
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TRANSFER OF PAYMENT RIGHTS
14 and PURSUANT TO CALIFORNIA
INSURANCE CODE § 10134, ET SEQ.
15 DARIAN JOHNSON,
DATE: April 25, 2024
16 Real Party-In-Interest/ TIME: 8:30 a.m.
Transferor DEPT: L
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20 The Court, having reviewed and considered the Verified Petition and Amended Exhibits of
21 J.G. Wentworth Originations, LLC, together with all other such relevant matters, finds that there is
22 good cause to approve the transfer of structured settlement payment rights by and between Darian
23 Johnson, (“Transferor or Payee”), and J.G. Wentworth Originations, LLC, (“Transferee”).
24 Pursuant to California Insurance code § 10139.5, this court finds:
25 1. The transfer of the structured settlement payment rights is fair and reasonable and in
26 the best interest of the Payee, taking into account the welfare and support of his or her dependents, if
27 any.
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(PROPOSED) ORDER APPROVING TRANSFER OF PAYMENT RIGHTS
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1 2. The transfer complies with the requirements of this article and will not contravene other
2 applicable law.
3 3. Notice is given in compliance with subdivision (b) of Section 10136 or, when
4 applicable, court approval of the transfer is required and notice is given pursuant to paragraph (6) of
5 subdivision (c) of Section 10139.5.
6 4. The Payee has been advised in writing by the Transferee to seek independent
7 professional advice regarding the transfer and has either received that advice or knowingly waived it
8 in writing.
9 5. The Transferee has provided the Payee with a disclosure form that complies with
10 section 10136 and the transfer agreement complies with Sections 10136 and 10138.
11 6. The transfer does not contravene any Federal or State Statute or the order of any court
12 or responsible administrative authority.
13 7. The Payee reasonably understands the terms of the transfer agreement, including the
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14 terms set forth in the disclosure statement required by Section 10136.
15 8. The Payee reasonably understands and does not wish to exercise the payee’s right to
16 cancel the transfer agreement.
17 9. The Transferee has expressly notified the Payee that the Transferee is paying an
18 administrative fee to United of Omaha Life Insurance Company, (“Annuity Issuer”), in the amount of
19 $750.00, to cover the costs and expense of the Annuity Issuer in reviewing the proposed transaction.
20 ACCORDINGLY, IT IS HEREBY ORDERED THAT:
21 1. The Amended California Purchase Contract ("Purchase Agreement”) providing for the
22 transfer of structured settlement payment rights by and between Darian Johnson, and J.G. Wentworth
23 Originations, LLC is approved and all payments transferred pursuant to said Purchase Agreement are
24 to be made payable to J.G. Wentworth Originations, LLC, at the following address: P.O. Box 83364,
25 Woburn, MA 01813-3364.
26 2. It is further ordered that United of Omaha Life Insurance Company, as Annuity Issuer,
27 and Mutual Of Omaha Structured Settlement Company, as Structured Settlement Obligor, shall
28 transfer to J.G. Wentworth Originations, LLC, A) 105 monthly payments of $247.25 each, beginning
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(PROPOSED) ORDER APPROVING TRANSFER OF PAYMENT RIGHTS
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1 on June 1, 2024 and ending on February 1, 2033 B) 105 monthly payments of $285.00 each,
2 beginning on June 1, 2024 and ending on February 1, 2033 C) 10 monthly payments of $1,097.25
3 each, beginning on March 1, 2033 and ending on December 1, 2033 D) 10 monthly payments of
4 $950.00 each, beginning on March 1, 2033 and ending on December 1, 2033 E) 31 monthly
5 payments of $1,476.50 each, beginning on December 14, 2032 and ending on June 14, 2035 F) 19
6 monthly payments of $1,647.25 each, beginning on January 1, 2034 and ending on July 1, 2035
7 G) 19 monthly payments of $1,500.00 each, beginning on January 1, 2034 and ending on July 1,
8 2035 (“Transferred Payments”).
9 3. Darian Johnson will receive $64,000.00 from this transaction.
10 4. The Transferee shall be liable to the Structured Settlement Obligor and to the Annuity
11 Issuer:
12 a. If the transfer contravenes the terms of the structured settlement for any taxes
13 incurred by the Structured Settlement Obligor or the Annuity Issuer as a consequence of the transfer;
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14 and
15 b. for any liabilities or costs, including reasonable costs and attorneys’ fees,
16 arising from compliance by such parties with this order of the Court or arising as a consequence of the
17 transferee’s failure to comply with the Act.
18 5. The Structured Settlement Obligor and Annuity Issuer shall irrevocably change the
19 beneficiary for the Transferred Payments to J.G. Wentworth Originations, LLC. However the death
20 of the Payee prior to the due date of the Assigned Payments shall not affect the transfer of the Assigned
21 Payments from the Payee to J.G. Wentworth Originations, LLC and the Payee understands she is
22 giving up her rights and the rights of her heirs, successors and or beneficiaries to the Assigned
23 Payments.
24 6. The Structured Settlement Obligor and Annuity Issuer shall, as to all parties except
25 Transferee, be discharged and released from any and all liability for the Transferred Payments.
26 7. It is further ordered that pursuant to California Insurance Code § 10139.5(i), the Court
27 shall retain continuing jurisdiction to interpret and monitor the implementation of the transfer and
28 Purchase Agreement as justice requires.
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1 8. This Order shall constitute a final “Qualified Order” within the meaning of 26 U.S.C.
2 § 5891.
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DATED:
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(PROPOSED) ORDER APPROVING TRANSFER OF PAYMENT RIGHTS
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1 James Felton, Esq. (State Bar No. 138767) jfelton@gblawllp.com 2 G&B LAW, LLP 16000 Ventura Boulevard, Suite 1000 3 Encino, California 91436 Tel: (818) 382-6200 • Fax: (818) 986-6534 4 Attorneys for Petitioner 5 J.G. Wentworth Originations, LLC 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN, METRO JUSTICE BUILDING 10 11 IN RE Petition of: CASE NO.: BCV-24-101005 12 J.G. WENTWORTH ORIGINATIONS, LLC. UNLIMITED JURISDICTION Petitioner 13 (PROPOSED) ORDER APPROVING ...... ...... ' G&BlAW TRANSFER OF PAYMENT RIGHTS 14 and PURSUANT TO CALIFORNIA INSURANCE CODE § 10134, ET SEQ. 15 DARIAN JOHNSON, DATE: April 25, 2024 16 Real Party-In-Interest/ TIME: 8:30 a.m. Transferor DEPT: L 17 18 19 20 The Court, having reviewed and considered the Verified Petition and Amended Exhibits of 21 J.G. Wentworth Originations, LLC, together with all other such relevant matters, finds that there is 22 good cause to approve the transfer of structured settlement payment rights by and between Darian 23 Johnson, (“Transferor or Payee”), and J.G. Wentworth Originations, LLC, (“Transferee”). 24 Pursuant to California Insurance code § 10139.5, this court finds: 25 1. The transfer of the structured settlement payment rights is fair and reasonable and in 26 the best interest of the Payee, taking into account the welfare and support of his or her dependents, if 27 any. 28 1 (PROPOSED) ORDER APPROVING TRANSFER OF PAYMENT RIGHTS 2451480.1 - 30464.7019 1 2. The transfer complies with the requirements of this article and will not contravene other 2 applicable law. 3 3. Notice is given in compliance with subdivision (b) of Section 10136 or, when 4 applicable, court approval of the transfer is required and notice is given pursuant to paragraph (6) of 5 subdivision (c) of Section 10139.5. 6 4. The Payee has been advised in writing by the Transferee to seek independent 7 professional advice regarding the transfer and has either received that advice or knowingly waived it 8 in writing. 9 5. The Transferee has provided the Payee with a disclosure form that complies with 10 section 10136 and the transfer agreement complies with Sections 10136 and 10138. 11 6. The transfer does not contravene any Federal or State Statute or the order of any court 12 or responsible administrative authority. 13 7. The Payee reasonably understands the terms of the transfer agreement, including the ...... ...... ' G&BlAW 14 terms set forth in the disclosure statement required by Section 10136. 15 8. The Payee reasonably understands and does not wish to exercise the payee’s right to 16 cancel the transfer agreement. 17 9. The Transferee has expressly notified the Payee that the Transferee is paying an 18 administrative fee to United of Omaha Life Insurance Company, (“Annuity Issuer”), in the amount of 19 $750.00, to cover the costs and expense of the Annuity Issuer in reviewing the proposed transaction. 20 ACCORDINGLY, IT IS HEREBY ORDERED THAT: 21 1. The Amended California Purchase Contract ("Purchase Agreement”) providing for the 22 transfer of structured settlement payment rights by and between Darian Johnson, and J.G. Wentworth 23 Originations, LLC is approved and all payments transferred pursuant to said Purchase Agreement are 24 to be made payable to J.G. Wentworth Originations, LLC, at the following address: P.O. Box 83364, 25 Woburn, MA 01813-3364. 26 2. It is further ordered that United of Omaha Life Insurance Company, as Annuity Issuer, 27 and Mutual Of Omaha Structured Settlement Company, as Structured Settlement Obligor, shall 28 transfer to J.G. Wentworth Originations, LLC, A) 105 monthly payments of $247.25 each, beginning 2 (PROPOSED) ORDER APPROVING TRANSFER OF PAYMENT RIGHTS 2451480.1 - 30464.7019 1 on June 1, 2024 and ending on February 1, 2033 B) 105 monthly payments of $285.00 each, 2 beginning on June 1, 2024 and ending on February 1, 2033 C) 10 monthly payments of $1,097.25 3 each, beginning on March 1, 2033 and ending on December 1, 2033 D) 10 monthly payments of 4 $950.00 each, beginning on March 1, 2033 and ending on December 1, 2033 E) 31 monthly 5 payments of $1,476.50 each, beginning on December 14, 2032 and ending on June 14, 2035 F) 19 6 monthly payments of $1,647.25 each, beginning on January 1, 2034 and ending on July 1, 2035 7 G) 19 monthly payments of $1,500.00 each, beginning on January 1, 2034 and ending on July 1, 8 2035 (“Transferred Payments”). 9 3. Darian Johnson will receive $64,000.00 from this transaction. 10 4. The Transferee shall be liable to the Structured Settlement Obligor and to the Annuity 11 Issuer: 12 a. If the transfer contravenes the terms of the structured settlement for any taxes 13 incurred by the Structured Settlement Obligor or the Annuity Issuer as a consequence of the transfer; ...... ...... ' G&BlAW 14 and 15 b. for any liabilities or costs, including reasonable costs and attorneys’ fees, 16 arising from compliance by such parties with this order of the Court or arising as a consequence of the 17 transferee’s failure to comply with the Act. 18 5. The Structured Settlement Obligor and Annuity Issuer shall irrevocably change the 19 beneficiary for the Transferred Payments to J.G. Wentworth Originations, LLC. However the death 20 of the Payee prior to the due date of the Assigned Payments shall not affect the transfer of the Assigned 21 Payments from the Payee to J.G. Wentworth Originations, LLC and the Payee understands she is 22 giving up her rights and the rights of her heirs, successors and or beneficiaries to the Assigned 23 Payments. 24 6. The Structured Settlement Obligor and Annuity Issuer shall, as to all parties except 25 Transferee, be discharged and released from any and all liability for the Transferred Payments. 26 7. It is further ordered that pursuant to California Insurance Code § 10139.5(i), the Court 27 shall retain continuing jurisdiction to interpret and monitor the implementation of the transfer and 28 Purchase Agreement as justice requires. 3 (PROPOSED) ORDER APPROVING TRANSFER OF PAYMENT RIGHTS 2451480.1 - 30464.7019 1 8. This Order shall constitute a final “Qualified Order” within the meaning of 26 U.S.C. 2 § 5891. 3 4 5 DATED: 6 Commissioner 7 8 9 10 11 12 13 ...... ...... ' G&BlAW 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 (PROPOSED) ORDER APPROVING TRANSFER OF PAYMENT RIGHTS 2451480.1 - 30464.7019