PARNELL v. ADVENTIST HEALTH SYSTEM/WEST

No. S114888.

26 Cal.Rptr.3d 569 (2005)

35 Cal.4th 595

109 P.3d 69

Joel K. PARNELL, Plaintiff and Appellant, v. ADVENTIST HEALTH SYSTEM/WEST et al., Defendants and Respondents.

Supreme Court of California.

April 4, 2005.


Attorney(s) appearing for the Case

King & Hanagami, William K. Hanagami, Los Angeles; Law Offices of Ralph B. Wegis and Ralph B. Wegis, Bakersfield, for Plaintiff and Appellant.

Ian Herzog, Santa Monica; Sharon Arkin, Newport Beach; David Rosen; James Sturdevant, San Francisco; Bruce M. Brusavich, Los Angeles; Donald de Camara; Scott H.Z. Sumner, Walnut Creek; Dan Wilcoxen; Lea-Ann Tratten; Enser & Chang and Stuart B. Esner, Los Angeles, for Consumer Attorneys of California as Amici Curiae on behalf of Plaintiff and Appellant.

Latham & Watkins, Robert D. Crockett, Sara Mars; Law Offices of Deborah Giles and Deborah Giles, Los Angeles, for Defendants and Respondents.

Manatt, Phelps & Phillips, Barry S. Landsberg and Joanna S. McCallum, Los Angeles, for Catholic Healthcare West, Scripps Health and the Regents of University of California as Amici Curiae on behalf of Defendants and Respondents.

Lois Richardson for California Healthcare Association as Amicus Curiae on behalf of Defendants and Respondents.

Friestad & Giles, Deborah Giles and Christine Friestad, San Diego, for Scripps Health as Amicus Curiae on behalf of Defendants and Respondents.

Dennis J. Herrera, City Attorney (San Francisco), Joanne Hoeper and David B. Newdorf, Deputy City Attorneys; Manuela Albuquerque, City Attorney (Berkeley); and Casey Gwinn, City Attorney (San Diego), for City and County of San Francisco and League of California Cities as Amici Curiae.

Horvitz & Levy, Lisa Perrochet, H. Thomas Watson, Encino, and Orly Degani, Los Angeles, for Association of California Insurance Companies, Personal Insurance Federation of California and American Insurance Association as Amici Curiae.


BROWN, J.

Under the Hospital Lien Act (HLA; Civ.Code, §§ 3045.1-3045.6),1 a hospital that treats a patient injured by a third party tortfeasor may assert a lien against any judgment, settlement, or compromise recovered by that patient from the tortfeasor in the amount of its "reasonable and necessary charges" (§ 3045.1). In this case, a hospital received payment from a patient...

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