Mares

The County of San Bernardino (County) appeals from an order expunging its lien for medical services rendered to Alberto Mares, deceased. It claims that its lien under Government Code section 23004.1 (hereinafter section 23004.1) applies to any settlement that plaintiffs obtained from defendants in this action. We disagree and affirm.

Facts and Procedural History

On October 29, 1999, the plaintiffs—Alberto Mares, Jr., a minor, by and through his guardian ad litem, Marina Miranda; Marina Miranda; Francisco Javier Mares, a minor, by and through his guardian ad litem, Maria de la Luz Mares; Ana Rebecca Mares; Elizabeth Serna; and Guadalupe Mares (collectively plaintiffs or the Mareses)—filed a motion to expunge County’s lien against any judgment they might obtain in their action. In that motion the Mareses alleged that their father, husband, and brother, respectively, was struck and killed by a vehicle driven by defendant Robert Ernest Baughman while in the course and scope of his employment with defendant Con-Way Transportation Services, Inc. Alberto Mares remained in a coma at the San Bernardino County Medical Center for three weeks prior to his death. The Mareses also…