California Court of Appeal

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MCMEANS v. SCRIPPS HEALTH, D035486

Defendant hospital operator's lien rights do not extend beyond the amount it agreed to receive from patients' medical insurance carriers as payment for services, after injuries by third parties. Patients' medical insurance contracts, and contracts between defendant and those insurers, determine whether Hospital Lien Act liens are authorized.

Appellate Information

  • Decided 07/24/2002
  • Published 07/24/2002

Judges

  • O'ROURKE, J.

Court

  • California Court of Appeal

Counsel

  • 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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