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GARCIA v. COUNTY OF SACRAMENTO

No. C037161.

126 Cal.Rptr.2d 465 (2002)

103 Cal.App.4th 67

Richard GARCIA, Plaintiff, v. COUNTY OF SACRAMENTO, Defendant and Respondent. State Department of Health Services, Claimant and Appellant.

Court of Appeals of California, Third District.

October 28, 2002.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Charlton Holland, III, Senior Assistant Attorney General, Frank S. Furtek, Supervising Deputy Attorney General, Susan Underwood and Janie L. Daigle, Deputy Attorneys General, for Claimant and Appellant.

Mason & Thomas, Douglas W. Brown, Sacramento, for Defendant and Respondent.

BLEASE, J.

This case concerns the application of the collateral source rules of Government Code section 985 to a Medi-Cal Lien.1

Under the common law rule, compensation for injuries received by an injured party from a source independent of the tortfeasor may not be deducted from the damages the plaintiff collects from the tortfeasor, nor may the defendant present evidence that the plaintiffs medical expenses have been paid by an...

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