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Tentative Ruling: Matter of Jose L. Barriga-Flores/J.G. Wentworth

Case Number

26CV04563

Case Type

Unlimited Other Petition (Not Spec) (43)

Hearing Date / Time

Tue, 10/06/2026 - 08:30

Nature of Proceedings

Petition for Approval for Transfer of Payment Rights

Tentative Ruling

The following are important for purposes of this petition:  

 

  • The court wishes to talk to payee (or in lieu thereof to petitioner) about payee’s future prospects with regard to the two properties that he plans to purchase. This is payee’s third transfer since May 5, 2026, and he has transferred all payments between November 1, 2027 and September 1, 2031 (if the third is approved), meaning he has no other source of income for that timeframe. Payee contends he is currently experiencing financial hardship, and yet he wants to use the proceeds from these transfers to purchase two properties (to create rental income). As payee is unemployed, and as he has transferred the income from the annuity is suspended for the foreseeable future, it is not clear how payee will be able to buy the property (particularly in California) with only a limited downpayment (when there is no source of income).  Is this endeavor viable?  Is there a backup plan? Payee and or petitioner should address these concerns at the hearing.  
  • The court wishes to ask the payee (or petitioner) about the settlement agreement, which apparently is unavailable.  The court also wants to know if payee’s children live with their mother or not. 
  • All other statutory requirements have been satisfied.  
  • Direct petitioner to provide proposed order for signature whether granted or denied.        

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