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GAPUSAN v. JAY

No. D027546.

78 Cal.Rptr.2d 250 (1998)

66 Cal.App.4th 734

Edmimd GAPUSAN et al., Plaintiffs and Respondents, v. David Patrick JAY et al., Defendants; City of San Diego, Intervenor and Appellant.

Court of Appeals of California, Fourth District, Division One.

September 9, 1998.

Attorney(s) appearing for the Case

Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, and Deborah A. Hollingsworth, Deputy City Attorney, for Intervenor and Appellant.

Dan Zeidman and James T. Biggs, El Cajon, for Plaintiffs and Respondents.

HALLER, Associate Justice.

In this personal injury action, City of San Diego (City) intervened seeking reimbursement for workers' compensation benefits it paid its employees, police officers Edmund Gapusan and Frederick McGee. (Lab.Code,1 § 3852.) We conclude the trial court violated section 3860, subdivision (b) by distributing half of the $200,000 settlement proceeds to the officers under equitable apportionment principles. We reject...

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