CITY AND COUNTY OF SAN FRANCISCO v. SWEET

Docket No. S045960.

12 Cal.4th 105 (1995)

906 P.2d 1196

48 Cal. Rptr.2d 42

CITY AND COUNTY OF SAN FRANCISCO, Plaintiff and Appellant, v. ROBERT J. SWEET et al., Defendants and Respondents.

Supreme Court of California.

December 18, 1995.


Attorney(s) appearing for the Case

COUNSEL

Robert L. Fletcher, Jr., Tax Collector Attorney, Deborah B. Honig, Assistant Tax Collector Attorney, Louise H. Renne, City Attorney, and Dennis Aftergut, Chief Assistant City Attorney, for Plaintiff and Appellant.

Phillip S. Cronin, County Counsel (Fresno), Anne Kinzel, Deputy County Counsel, Mark W. Pike and Philip D. Peatman as Amici Curiae on behalf of Plaintiff and Appellant.

Edwin Train Caldwell for Defendants and Respondents.

Ian Herzog, Mary Alexander, Bruce Broillet, David Casey, Douglas Devries, Larry Drivon, Joe Horbison, Steven Kleifield, Moses Lebowitz, Harvey R. Levine, Wayne McClean, David Rosen, Leonard Sacks, Dan Smith, Robert Steinberg, Thomas G. Stolpman, Jim Sturdevant, Tony Tanke, Leann Tratten, William David Turley, Roland Wrinkle and Thomas H. Speedy Rice as Amici Curiae on behalf of Defendants and Respondents.


OPINION

BAXTER, J.

Government Code section 23004.11 gives a county a first lien for the cost of medical care it has provided to an injured person against any judgment that person recovers from a third person who is responsible for the injury. The issue in this case is whether that lien is subject to equitable reduction for a portion of the attorney fees incurred by the injured party in recovering damages...

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