24.    Mares v. Baughman, 92 Cal.App.4th 672 (2001)

By its unambiguous terms, Govt. Code § 23004.1 provides a county (CMS) with a lien only on judgments and not settlements. Thus, a CMS type lien imposed upon a settlement may be expunged on a motion. The court noted that the statute provided independent subrogation rights to public entities to assert their claims.


25. A. Tapia v. Pohlman (1998) 68 Cal.App.4th 1126

CA Children’s Service (CCS) has a first priority lien claim for recovery of CCS payments pursuant to CA H&S §123982. This case distinguished by Mares, supra, for Govt Code §23004.1 lien.


26.    Sapiano v. Williamsburg National Ins. Co., 28 Cal.App.4th 533 (1994)

Enunciates the "make whole" doctrine, whereby an insured must be fully compensated for his loss before an insurer can recover through subrogation. Note that this doctrine can be waived if clearly so stated in the policy.


26A. Barnes v. Independent Auto Dealers Assn. of CA H & B Plan, 64 F.3d 1389,1395 (9th Cir. 1995)

Adopted “make whole” doctrine and applied to subrogation clauses in ERISA plans as a matter of federal common law. Also adopted CA rule of interpreting insurance policies for interpretation of ERISA plans—i.e. construction of ambiguities v. the drafter and in favor of insured


26B. Saltarelli v. Bob Baker Group Med Trust, 35 F.3d 382, 387 (9th Cir. 1994)

Adopted the “reasonable expectations” doctrine as a principle of uniform federal common law applicable to ERISA governed insurance contracts.


27.    Olszewski v Scripps Health, 30 Cal.4th 798 (2003)

Supreme Court here struck Cal. Medi-Cal balance billing statute W&I 14124.791 as violating the Supremacy Clause. Statute inconsistent with federal MediCaid statutes and regulations. Case also validated Hanif and reluctantly held that under the current state of the law, the tortfeasor was entitled to the windfall. "We therefore urge the Legislature to remedy this anomaly in a manner consistent with federal law." @ 827. Also held that the hosp lien being asserted was a claim against the personal injury claimant's property. 821.


Mark C. Blane is a San Diego Auto Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights.  It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.