dation that he obtain independent professional advice. (See Exhibit A.)

Insurance Code section 10139.5 requires the Court consider a variety of factors to determine if the transfer is fair, reasonable, and in the payee’s best interest. Petitioner contends this proposed transfer is fair and reasonable based upon a review of all the statutory factors. Seller also states his belief that the transaction is in his best interests.

The Amended Petition avers that Seller is 24 years old and employed, earning $2,400 a month. The settlement annuity compensates Seller for a personal injury claim. The future periodic payments were not intended to pay for future medical care or to provide necessary living expenses. Petitioner’s Amended Petition alleges Seller is married with one minor child, and feels it is in his best interest to enter into the transaction “so that [Seller] can have the financial means to purchase several investment properties and cover medical expenses as set forth in the Declaration to be filed in this matter.” (Amended Petition, p. 4, ll. 14-17.) Seller’s affidavit, however, makes no such representation. (See Exhibit D.) Seller’s purported spouse has not signed the Purchase Contract. (See Exhibit A.)

As Petitioner correctly notes, Insurance Code section 10139.5(f) requires that a notice of this proposed transfer include, among other things, “a listing of the payee’s dependents, together with each dependent’s age, if any.” (Amended Petition, p. 5, ll. 8-9.) Although the Amended Petition makes reference to Seller’s minor child, his Declaration fails to list any dependents. Similarly, although the Amended Petition avers Seller wishes to sell his interest to purchase investment properties and cover medical expenses, and refers to Seller’s “Declaration,” his affidavit is contains no such details.

The Parties should appear at the scheduled hearing. Seller should be prepared to discuss the reasons for the sale of his annuity to Petitioner, his marital status, and whether there are any minor children affected by the proposed transfer.