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Case Name | Lovett v. Carrasco | |
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Date | 04/15/1998 | |
Note | The common fund doctrine cannot be applied to apportion a plaintiff's attorney fees among contractual medical lienholders. | |
Citation | 63 Cal.App.4th 48 | |
WCC Citation | WCC 35921998 CA |
Ct. No. 671133) Cal. App. 4th 48, 73 Cal. Rptr. 2d 496 April 15, 1998 MICHAEL A. LOVETT, PLAINTIFF AND RESPONDENT, v. PEDRO CARRASCO ET AL. , DEFENDANTS; DAVID RUTBERG ET AL. , CLAIMANTS AND APPELLANTS APPEAL from an order of the Superior Court of San Diego County, Charles R. Hayes, Judge. After Lovett settled with the defendants, the court apportioned Lovett's attorney fees among claimants under the common fund doctrine. Lovett received treatment for his injuries and psychotherapy for anxiety and depression from a number of medical providers, including claimants. On the new trial date the court ordered Lovett and the defendants to participate in a mandatory settlement conference. Lovett then filed a motion for an order determining the payment of the medical liens.
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