Legal Opinion

Hartwig v. Zacky Farms

California Court of Appeal

Decided January 28, 1992No. F015395PublishedCited by 7 opinions

1Opinion of the Court

Opinion

DIBIASO, J.

The trial court entered an order under Labor Code 1 section 3856, 2 allocating from a workers’ compensation lien an amount for attorney fees and costs incurred by plaintiff Matthew Hartwig in obtaining the judgment from which the lien was satisfied. On appeal by the lienholder, defendant Zacky Farms (Zacky), we will affirm, and hold that Zacky presented insufficient evidence to prove it “actively participated” in the lawsuit which resulted in the judgment.

Hartwig brought an action for personal injuries arising out of a slip and fall which occurred on Zacky’s premises.…

2Cases cited8 opinions

  1. Davey v. Southern Pacific Co.California Supreme Court · 1897
  2. Quinn v. State of CaliforniaCalifornia Supreme Court · 1975
  3. Eldridge v. Truck Insurance ExchangeCalifornia Court of Appeal · 1967
  4. Walsh v. WoodsCalifornia Court of Appeal · 1986
  5. Kaplan v. Industrial Indemnity Co.California Court of Appeal · 1978

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Crampton v. TakegoshiCalifornia Court of Appeal · 1993
  2. Gapusan v. JayCalifornia Court of Appeal · 1998
  3. Kindt v. Otis Elevator Co.California Court of Appeal · 1995
  4. Alvarado v. Kiewit Pacific Co.Hawaii Intermediate Court of Appeals · 1998
  5. Gapusan v. JayCalifornia Court of Appeal · 1998

2 more not listed; retrieve them via the Exa API.

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