Day

Day v. ALTA BATES MEDICAL CENTER

Good Law
119 Cal. Rptr. 2d 606·2002 Cal. App. LEXIS 4090·2002 Daily Journal DAR 5029·98 Cal. App. 4th 243·2002 Cal. Daily Op. Serv. 3987
Court of Appeal of CaliforniaMay 8, 2002A095702California4,515 words

Opinion

Opinion

Haerle, J.

I. Introduction

This is an appeal from a summary judgment entered in favor of a hospital (Alta Bates) in a quantum meruit action filed against it by appellant Day, an attorney (Day). Alta Bates had filed a hospital lien (see Civ. Code § 3045.1 et seq. (section 3045.1)) in a previous, but unsuccessful, medical malpractice action Day had filed on behalf of a woman who had been treated at that hospital. Day contended below, and contends here, that the filing of the lien required him to perform, and he did perform, legal services on the hospital’s behalf for which he is entitled to be compensated by it.

Like the trial court, we disagree with that contention and hence affirm.

II. Factual and Procedural Background

In 1995 or 1996, Day filed a medical malpractice action in Alameda County Superior Court on behalf of one Demitrianna Jackson; the action was entitled Jackson v. Streitfeld, No. 762468-7, in that court (Jackson action). On May 17, 1996, a Newport Beach-based collection agency, Hoffman, Hoffman & Associates (Hoffman), filed a notice of lien with Day on behalf of its client, Alta Bates. Day’s client, Jackson, had been treated at Alta Bates from, apparently, February…

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