Grauberger
Grauberger v. St. Francis Hospital
Opinion
Opinion
Legge, J.
ORDER ON CROSS-MOTIONS
Defendants St. Francis Memorial Hospital (the “Hospital”) and Catholic Healthcare West (“CHW”) (collectively “defendants”) move for summary judgment on the first amended complaint (“FAC”). Plaintiff cross-moves for partial summary judgment, seeking: (1) an injunction restraining defendants from asserting or collecting on the hospital hen discussed below; and (2) an order stating that the funds currently held in trust pendente lite be disbursed to Grauberger.
The motions have been briefed, argued and submitted for decision. Having considered the arguments of counsel, the moving and opposing papers, the evidence of record, and the applicable authorities, the court now orders as follows.
I.
The underlying facts are not significantly in dispute. Plaintiff was injured in an automobile collision on January 14, 1998. She received treatment for her injuries at the Hospital between April 20 and April 24, 1998 and again between January 19 and January 23, 1999. She alleges that her group insurance policy — issued by Blue Cross as part of the employee, benefit plan of United Airlines, her spouse’s employer — paid the hospital its negotiated rates in full except for…