Legal Opinion

Kizer v. Hanna

California Supreme Court

Decided February 21, 1989No. S005834PublishedCited by 77 opinions

1Opinion of the Court

Opinion

PANELLI, J.

Jack E. Hanna, as executor of the estate of Zyoud Jacob, appeals a summary judgment in favor of Kenneth W. Kizer, M.D., Director of the Department of Health Services, State of California (hereinafter Department). At issue is whether Welfare and Institutions Code section 14009.5 allows the Department to be reimbursed from a Medi-Cal recipient’s estate for Medi-Cal benefits paid prior to the effective date of section 14009.5, when the recipient died after this date. We conclude that it does.

I. Facts

The facts are not in dispute. Zyoud Jacob died on June 26, 1983. From November…

2Cases cited17 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
  3. Cole v. Fair Oaks Fire Protection DistrictCalifornia Supreme Court · 1987
  4. Aetna Casualty & Surety Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1947
  5. United States v. JacobsSupreme Court of the United States · 1939

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3Cited by77 opinions

  1. Harris v. Capital Growth Investors XIVCalifornia Supreme Court · 1991
  2. Western Security Bank v. Superior CourtCalifornia Supreme Court · 1997
  3. Amaral v. Cintas Corp. No. 2California Court of Appeal · 2008
  4. Robertson v. Fleetwood Travel Trailers of California, Inc.California Court of Appeal · 2006
  5. Lennane v. Franchise Tax BoardCalifornia Supreme Court · 1994

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