2018-00225137-CU-PT
In Re: Daniel Jenkins
Nature of Proceeding: Petition for Approval for Transfer of Structured Settlement Payment
Filed By: Gill, Sanpreet
The Petition for Approval of Transfer of Structured Settlement Payment Rights By and Between Daniel Jenkins and Catalina Structured Funding, Inc. pursuant to California Insurance Code section 10134, et seq. is unopposed and granted.
Payee desires to sell 60 future monthly payments of $500 beginning April 19, 2019
through March 19, 2024 and 120 monthly payments of $500 beginning April 19, 2024
through March 19, 2034 totaling $95,698.32 with a discounted present value of
$76,240.08 in exchange for $41,256.29. He would be paying the equivalent of an
interest rate of 11.075%.
Payee is an adult male with no children. Payee is a prep cook earning approximately $1,300 per month. He intends to use the funds to purchase a new vehicle as his current vehicle has numerous issues requiring repairs that are too costly. He also intends to use the funds to pay off credit card debt and to prepay rent. Payee has not completed any previous transfers of his structured settlement payments though he decided to not proceed on another petition.
The Court finds on the facts presented to it that the proposed sale of 60 future monthly
payments of $500 beginning April 19, 2019 through March 19, 2024 and 120 monthly
payments of $500 beginning April 19, 2024 through March 19, 2034 totaling
$95,698.32 with a discounted present value of $76,240.08 in exchange for $41,256.29
on which he would be paying the equivalent of an interest rate of 11.075%:
(1) Is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents. Insurance Code Section 10139.5.
(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received that advice or knowingly waived, in writing, the opportunity to receive the advice.
(3) The transferee has complied with the notification requirements pursuant to paragraph (2) of subdivision (f), the transferee has provided the payee with a disclosure form that complies with Section 10136, and the transfer agreement complies with Sections 10136 and 10138.
(4) The transfer does not contravene any applicable statute or the order of any court or other government authority.
(5) The payee understands the terms of the transfer agreement, including the terms set forth in the disclosure statement required by Section 10136.
(6) The payee understands and does not wish to exercise the payee’s right to cancel the transfer agreement.
The Petition for Approval of Transfer of Structured Settlement Rights is granted.
Counsel shall submit a formal order for the Court’s signature, pursuant to C.R.C., Rule 3.1312.