Legal Opinion

Garcia v. County of Sacramento

California Court of Appeal

Decided October 28, 2002No. C037161PublishedCited by 6 opinions

1Opinion of the Court

*71Opinion

BLEASE, J.

This case concerns the application of the collateral source rules of Government Code section 985 to a Medi-Cal lien.1

Under the common law rule, compensation for injuries received by an injured party from a source independent of the tortfeasor may not be deducted from the damages the plaintiff collects from the tortfeasor, nor may the defendant present evidence that the plaintiffs medical expenses have been paid by an independent source. (Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 504-505 [93 Cal.Rptr.2d 97].)

Section 985 applies the rule where…

2Cases cited13 opinions

  1. Shoemaker v. MyersCalifornia Supreme Court · 1990
  2. Agricultural Labor Relations Board v. Superior CourtCalifornia Supreme Court · 1976
  3. In Re WilliamsonCalifornia Supreme Court · 1954
  4. CNA Casualty of California v. Seaboard Surety Co.California Court of Appeal · 1986
  5. Hernandez v. California Hospital Medical CenterCalifornia Court of Appeal · 2000

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3Cited by6 opinions

  1. Joyce v. Simi Valley Unified School DistrictCalifornia Court of Appeal · 2003
  2. Valley Vista Services, Inc. v. City of Monterey ParkCalifornia Court of Appeal · 2004
  3. The Zumbrun Law Firm v. California LegislatureCalifornia Court of Appeal · 2008
  4. Eaton v. Arizona Health Care Cost Containment SystemCourt of Appeals of Arizona · 2003
  5. Eaton v. Arizona Health Care Cost Containment SystemCourt of Appeals of Arizona · 2003

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