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GRIFFIN v. CALISTRO

Docket No. B050104.

229 Cal.App.3d 193 (1991)

280 Cal. Rptr. 30

KATHLEEN GRIFFIN et al., Plaintiffs and Appellants, v. DAVID FRANK CALISTRO, a Minor, etc., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

April 10, 1991.

Attorney(s) appearing for the Case

COUNSEL

John L. Moriarity for Plaintiffs and Appellants.

John C. Lauritsen for Defendants and Respondents.

OPINION

GILBERT, J.

Plaintiffs Kathleen and August Griffin appeal an order enforcing a judicial settlement. We reverse and hold Insurance Code section 115831 does not permit defendants to deduct from settlement proceeds an advance payment made to plaintiffs' insurer-subrogee.

FACTS

On April 13, 1987, defendant David Frank Calistro collided...

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