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SHELTON v. FRESNO COMMUNITY HOSPITAL

Docket No. F004812.

174 Cal.App.3d 39 (1985)

219 Cal. Rptr. 722

DEDRICK SHELTON, a Minor, etc., et al., Plaintiffs and Appellants, v. FRESNO COMMUNITY HOSPITAL et al., Defendants; THE STATE OF CALIFORNIA, Real Party in Interest and Respondent.

Court of Appeals of California, Fifth District.

November 6, 1985.

Attorney(s) appearing for the Case

COUNSEL

Bostwick & Tehin and Scott D. Righthand for Plaintiffs and Appellants.

No appearance for Defendants.

John K. Van de Kamp, Attorney General, Elisabeth C. Brandt and Margaret A. Rodda, Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

BEST, J.

The question presented on this appeal is whether Welfare and Institutions Code1 section 14009.5 bars the State Department of Health Services (hereafter Medi-Cal) from recovering from the proceeds of a wrongful death settlement amounts expended for medical services rendered to plaintiffs' decedent prior to her death. We will conclude that it does not.

PROCEDURAL AND FACTUAL BACKGROUND...

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