McMeans

Rehearing Granted April 22, 2002. See 123 Cal.Rptr.2d 143 .

O'ROURKE, J.

Paul E. McMeans, Joseph P. Denny, and Mary Ann Shaul, as class representatives (Class members), appeal from an order granting summary judgment in favor of Scripps Health, Inc. (Scripps) and Medical Liability Recoveries, Inc. (MLR). [1] The Class members are patients who were treated at a Scripps hospital for injuries caused by third parties and who sued those third parties. The Class members were insured by providers who had entered into contracts with Scripps that specified fixed charges agreed to in advance for covered services. Class members and/or their insurance providers paid Scripps in full for the care provided to Class members. MLR then placed liens in favor of Scripps on the judgments or settlements Class members received from the third parties or their insurance providers under California's Hospital Lien Act (HLA), Civil Code [2] sections 3045.1 through 3045.6. In each case, the liens were based upon charges that were greater than the amounts Scripps had agreed to accept from the insurance providers.

Class members contend the court erred in granting summary judgment because Scripps placed…