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LIMA v. VOUS

No. B201786.

174 Cal.App.4th 242 (2009)

___ Cal.Rptr.3d ___

GUADALUPE LIMA, a Minor, etc., Plaintiff and Appellant, v. STEVE VOUS et al., Defendants; DAVID MAXWELL-JOLLY, as Director, etc., Claimant and Respondent.

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

May 27, 2009.

Attorney(s) appearing for the Case

Law Offices of Michels & Watkins, Philip Michels, Shirley K. Watkins, Paul Sowa and Steven Stevens for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Richard T. Waldow and Janet E. Burns, Deputy Attorneys General, for Claimant and Respondent.

OPINION

MOSK, J.—

INTRODUCTION

As part of a proposed medical malpractice settlement that did not allocate the proceeds to categories of damages, plaintiff and appellant Guadalupe Lima (plaintiff) made a motion to extinguish a portion of a Medicaid lien asserted by the Department of Health Services (DHS).1 In ruling on the motion to extinguish the...

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