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PHELPS v. STOSTAD

Docket No. S055436.

16 Cal.4th 23 (1997)

CHARLES PHELPS IV, Plaintiff and Appellant, v. GERTRUDE STOSTAD, Defendant and Respondent.

Supreme Court of California.

July 21, 1997.

Attorney(s) appearing for the Case

COUNSEL

Clark D. Nicholas for Plaintiff and Appellant.

John C. Lauritsen for Defendant and Respondent.

OPINION

GEORGE, C.J.

This case requires us to determine the proper interplay between Code of Civil Procedure section 1141.21, subdivision (a)(ii) (hereafter section 1141.21(a)(ii)), which governs the recovery of costs when a party elects a trial de novo following a judicial arbitration, and Labor Code section 3856 (hereafter section 3856), which establishes the priority for the allocation of the proceeds of a judgment when, as here...

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