Lindsey

Lindsey v. County of Los Angeles

Good Law
109 Cal. App. 3d 933·167 Cal. Rptr. 527·1980 Cal. App. LEXIS 2214
Court of Appeal of CaliforniaAugust 29, 1980Civ. 55787California2,194 words

Opinion

Opinion

Gale, J.

Appellant Jackie O. Lindsey (Lindsey), appeals from a judgment against him and in favor of respondent, County of Los Angeles (County), which was entered after the trial of a “declaratory relief” action brought by Lindsey.

Facts

Lindsey filed a complaint against the County seeking declaratory relief. By stipulation all the allegations of the complaint were admitted except paragraph 12, which set forth Lindsey’s contentions.

The admitted portions of the complaint set forth: that Lindsey was injured in an automobile accident and needed care and treatment by reason of his injuries; that County provided the care and rendered a statement of account therefore in the sum of $27,688.79; that Lindsey commenced legal action against the third party who injured him, incurred the expense of the litigation and that County did not participate in the litigation; that there was never any source, funds or means of payment on the part of Lindsey for the costs and charges of the County except his cause of action against the third party and the proceeds therefrom; that recovery was had by settlement with the third party; that the County claimed a lien in the full amount of…

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