Goldberg

In this case, we are called upon to decide as a matter of first impression the scope of a Probate Code section 3601 order approving expenses on a minor’s compromise. We conclude the statute gives the court the power to decide reasonable expenses to be paid from the settlement, not the reasonable value of the services rendered to the minor.

Factual and Procedural Background

Dr. Leonard Goldberg is a chiropractor who treated three minors, Steven, Celia and Liliana, for injuries sustained in a bus accident in January 1991. At the start of the treatment, the parents signed a contract giving Dr. Goldberg a lien on any recovery, settlement or award equal in amount to the services rendered. The contract requires satisfaction of the bill, however, regardless of the outcome of any litigation.

In January 1992 the minors filed a personal injury action against Laidlaw Transit (Laidlaw) and were later represented in the suit by Attorney Dennis Atchley. Meanwhile, Dr. Goldberg continued treating Liliana and Celia late into 1992, he was identified as an expert by Atchley on the December 1992 joint disposition conference report, and the medical bills were included on the exhibit list.…