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LUQUE v. HERRERA

Nos. B133525, MC980471.

96 Cal.Rptr.2d 853 (2000)

81 Cal.App.4th 558

Carmen G. LUQUE, Plaintiff and Respondent, v. Fidel HERRERA, Defendant; Fremont Compensation Insurance Company, Objector and Appellant. Fremont Compensation Insurance Company, Plaintiff, v. Fidel Herrera, Defendant.

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

June 12, 2000.

Attorney(s) appearing for the Case

Veatch, Carlson, Grogan & Nelson and Barry Hassenberg Los Angeles, for Objector and Appellant.

Roger M. Hubbard, Santa Maria, for Plaintiff and Respondent.

GILBERT, P.J.

An employee was injured in an automobile accident while driving in the course and scope of his employment. The employee's attorney obtained a settlement from a third party tortfeasor. The employer's workers' compensation reimbursement claim exceeded the amount of the settlement fund. The trial court awarded the employee's attorney fees out of the settlement fund.

We hold the employee's attorney is entitled to an award of fees even though the...

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