California Court of Appeal

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Where the liens defendant placed on plaintiffs' California's Hospital Lien Act recoveries were based upon charges that were greater than the amounts defendant had agreed to accept from the insurance providers, the liens were not lawful, and summary judgment in favor of defendant was reversed; however, summary adjudication of defendant's affirmative defense, that it was privileged to assert the liens under section 47(b)(2), and of defense action for declaratory relief, affirmed.

Appellate Information

  • Decided 03/26/2002
  • Published 03/26/2002


  • O'ROURKE, J.


  • California Court of Appeal


  • For Appellant:
  • Blumenthal, Ostroff & Markham, Sheldon A. Ostroff, David R. Markham, San Diego, and Michael D. Marchesini for Plaintiffs and Appellants.

  • For Appellees:
  • Friestad & Giles and Deborah Giles, San Diego, for Defendant and Respondent., Manatt, Phelps & Phillips, Barry S. Landsberg and Harvey L. Rochman, Los Angeles, for Catholic Healthcare West as Amicus Curiae on behalf of Defendant and Respondent.
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