ESPERICUENTA v. SHEWRY

No. B200479.

164 Cal.App.4th 615 (2008)

GUADALUPE ESPERICUENTA, a Minor, etc., et al., Plaintiffs and Appellants, v. SANDRA SHEWRY, as Director, etc., Defendant and Respondent.

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

July 1, 2008.


Attorney(s) appearing for the Case

Kussman & Whitehill, Michael H. Whitehill and Steven B. Stevens for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Richard T. Waldow and Gregory M. Cribbs, Deputy Attorneys General, for Defendant and Respondent.


OPINION

DOI TODD, J.

Appellant Guadalupe Espericuenta, a minor by and through her guardian ad litem, settled with a third party tortfeasor for $3.6 million after she was severely injured in an automobile accident. Respondent Sandra Shewry, Director of the State Department of Health Care Services (the Department),1 asserted a lien against the settlement proceeds to recover Medi-Cal payments made on behalf of appellant...

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