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MAXWELL-JOLLY v. MARTIN

No. A128711.

198 Cal.App.4th 347 (2011)

129 Cal. Rptr. 3d 278

DAVID MAXWELL-JOLLY, as Director, etc., Plaintiff and Respondent, v. JENNIFER C. MARTIN et al., Defendants and Appellants.

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

August 11, 2011.

Attorney(s) appearing for the Case

Scampini Mortara & Harris, Haig A. Harris, Jr. , and Neil S. Turner for Defendants and Appellants.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Douglas M. Press , Assistant Attorney General, Karin S. Schwartz and Hadara R. Stanton , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHMAN, J.—

This case presents one purely legal question: which statute of limitations applies when a person who received health care services funded by Medi-Cal during her or his lifetime dies with assets held in trust, and the State Department of Health Care Services (DHCS) seeks to recover the Medi-Cal payments from the trustee and distributees of the trust. Appellants, the trustee and distributees of the trust, contend that...

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