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California Court of Appeal


Aguilera v. Loma Linda University Medical Center, D066701

This case involves a claim for reimbursement made by California's State Department of Health Care Services for funds expended on behalf of plaintiff injured party by the state's Medi-Cal program. Plaintiff filed a special motion to determine the Department's lien under Welfare & Institutions Code section 14124.76. The judgment is reversed and remanded to the trial court for further proceedings, where the trial court properly employed the methodology used in Arkansas Dept. of Health and Human Services v. Ahlborn, but erred when it refused to reduce the Department's lien to account for the attorney fees and expenses that plaintiff had incurred.

Appellate Information

  • Decided 04/02/2015
  • Published 04/02/2015

Judges

  • McIntyre

Court

  • California Court of Appeal

Counsel

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