Plaintiff patient sought review of a judgment from the Superior Court of San Bernardino County

 

Procedural Posture

Plaintiff patient sought review of a judgment from the Superior Court of San Bernardino County (California), which denied the patient's motion to expunge, in whole or in part, a lien for medical expenses asserted by claimant county against the proceeds of a personal injury settlement.

 

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The patient received medical treatment at county expense for injuries she sustained in a slip-and-fall accident at her residence. She brought suit against her landlord for negligence and recovered a settlement from her landlord's insurer. The insurer paid in two checks, making one jointly payable to the county for its asserted medical lien. The amount of the county's claimed lien exceeded 50 percent of the settlement amount. The trial court denied the patient's motion to expunge the county's lien. The court, in reversing, held that Cal. Civ. Code § 3045.4 limited the lien amount to 50 percent of the settlement amount, although the county had not brought an enforcement action under Cal. Civ. Code § 3045.5. The court noted that although the county could not recover a lien under Cal. Gov't Code § 23004.1, that provision did not defeat a lien asserted under a proper theory. The county was entitled to a lien under Cal. Civ. Code § 3045.1 for qualifying emergency and ongoing services. Although the patient briefly obtained care from a provider outside the county system, because her condition was unresolved, subsequent care received from the county constituted ongoing treatment.

 

Outcome

The court reversed and remanded with directions to grant the patient's motion to expunge the county's lien in part.