California Court of Appeal

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McMillan v. Stroud, B195034

In a challenge to a probate court order directing plaintiff to pay a lien issued by defendant State Department of Health Care Services under the Medi-Cal California Medical Assistance Program, court order is affirmed where plaintiffs: 1) did not establish how much of the initial settlement constitutes reimbursement for medical expenses; 2) presented no contemporaneous evidence of discussions at the time of settlement on the subject; and 3) failed to provide defendant with the name of purported medical carrier which would have allowed defendant to attempt to determine the true value of medical expenses in this case. Given this record, the court was satisfied that $83,837.43 constituted a fair determination of the amount of reimbursable medical expenses due to defendant.

Appellate Information

  • Decided 09/03/2008
  • Published 09/03/2008

Judges

  • MANELLA, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Peter B. O'Brien and Peter B. O'Brien, Los Angeles, for Plaintiffs and Appellants.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Senior Assistant Attorney General, Richard T. Waldow and Ernest Martinez, Deputy Attorneys General, for Claimant and Respondent.
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