Day v. ALTA BATES MEDICAL CENTER

Opinion

HAERLE, J.

I. Introduction

This is an appeal from a summary judgment entered in favor of a hospital (Alta Bates) in a quantum meruit action filed against it by appellant Day, an attorney (Day). Alta Bates had filed a hospital lien (see Civ. Code § 3045.1 et seq. (section 3045.1)) in a previous, but unsuccessful, medical malpractice action Day had filed on behalf of a woman who had been treated at that hospital. Day contended below, and contends here, that the filing of the lien required him to perform, and he did perform, legal services on the hospital’s behalf for which he is entitled…