California Court of Appeal

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Lima v. Vous, B201786

Trial court's denial of plaintiff's motion to extinguish a portion of a Medicaid lien asserted by the Department of Health Services is reversed and remanded where: 1) the trial court violated the principles set forth in Ahlborn when it failed to determine the portion of the settlement proceeds allocable to past medical expenses and instead allowed DHS to recover the entire amount of its lien, less attorney fees and costs; and 2) DHS is not entitled to a lien on the portion of the settlement proceeds allocable to future medical costs.

Appellate Information

  • Decided 05/27/2009
  • Published 05/27/2009

Judges

  • MOSK, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Michels & Watkins, Philip Michels, Shirley K. Watkins, Los Angeles, Paul Sowa, Los Angeles; and Steven Stevens, for Plaintiff and Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Senior Assistant Attorney General, Richard T. Waldow, Supervising Deputy Attorney General, Janet E. Burns, Deputy Attorney General, for Claimant and Respondent.
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