PEGGY M. DRAPER, Plaintiff and Appellant, v. BYRON A. ACETO et al, Defendants and Respondents. FACTS On January 26, 1995, while driving a vehicle in the course and scope of her employment for the Compton Unified School District (CUSD), Peggy M. Draper (Draper) was injured in an automobile accident. To obtain further compensation for the same injury, Draper also brought a personal injury action in superior court against Byron A. Aceto and Ben Aceto (defendants), respectively the driver and owner of the other vehicle involved in the accident. Because the settlement amount was insufficient to fully reimburse CUSD, none of the settlement proceeds were payable to Draper. And because Draper received no benefit from the settlement, her attorney could not recover his fees from the settlement proceeds.

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