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HOWELL v. HAMILTON MEATS & PROVISIONS, INC.

No. D053620.

179 Cal.App.4th 686 (2009)

REBECCA HOWELL, Plaintiff and Appellant, v. HAMILTON MEATS & PROVISIONS, INC., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

November 23, 2009.

Attorney(s) appearing for the Case

LaFave & Rice, John J. Rice; Basile Law Firm, J. Jude Basile; Law Offices of J. Michael Vallee and J. Michael Vallee for Plaintiff and Appellant.

Hinton, Alfert & Sumner, Scott H.Z. Sumner and Jeremy N. Lateiner for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Tyson & Mendes and Robert F. Tyson for Defendant and Respondent.

Greines, Martin, Stein & Richland and Robert A. Olson for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Defendant and Respondent.

Horvitz & Levy, David S. Ettinger and H. Thomas Watson for Association of California Insurance Companies and Personal Insurance Federation of California as Amici Curiae on behalf of Defendant and Respondent.

OPINION

NARES, J.—

SUMMARY AND HOLDING

In this case, we must decide whether a plaintiff who has private health care insurance in a personal injury case may recover, under the collateral source rule, economic damages for the amount of past medical expenses that her health care providers have billed, but which neither plaintiff nor her health care insurer is obligated to pay because the providers have agreed, under contracts into...

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