SOUZA v. State Compensation Insurance Fund, Lien Claimant and Respondent. (1972)

Court of Appeal, Fifth District, California.

Joe Anthony SOUZA et al., Plaintiffs and Appellants, v. Donald MOLINE et al., Defendants, State Compensation Insurance Fund, Lien Claimant and Respondent.

Civ. 1495.

Decided: May 18, 1972

Haley, McInerney, Dillon & Karst and J. Fred Haley, Oakland, for plaintiffs and appellants. T. Groezinger, James Vonk and Herbert Lasky, Los Angeles, for lien claimant and respondent. Robert E. Cartwright, San Francisco, Edward I. Pollock, Theodore A. Horn, Los Angeles, Marvin E. Lewis, San Francisco, William H. Lally, Sacramento, Joseph W. Cotchett, San Mateo, and Leonard Sacks, Pico Rivera, as amici curiae on behalf of appellants.

Appellants are the heirs of a deceased workman. In a wrongful death action they recovered $92,000, the distribution of which was allocated by the court. They appeal from that part of the order providing for payment to State Compensation Insurance Fund, lien claimant and respondent, of the amount of its lien with no provision for sharing in the payment of costs and attorney's fees.

The facts and legal issues presented on this appeal are substantially the same as those in Fuchs v. Western Oil Fields Supply, Cal.App., 102 Cal.Rptr. 74, this day decided, and that decision is controlling here.

The order is affirmed.

THE COURT.

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