Chand

Chand v. Bolanos CA1/3

Good Law
193 Cal. Rptr. 3d 604·2015 Cal. App. LEXIS 901·241 Cal. App. 4th 204
Court of Appeal of CaliforniaSeptember 30, 2015A142384California2,802 words

Opinion

Opinion

Siggins, J.

This appeal is from an order denying a motion to expunge a lien against settlement proceeds for the reimbursement of the cost of emergency medical services provided to Jagdishwar Chand for injuries suffered when he was struck by a car. Chand contends the City and County of San Francisco’s lien against his recovery from the driver who struck him is invalid because the authorizing municipal code provision is preempted by state law. Alternatively, he asserts the lien is unenforceable because the city failed to obtain his written consent to it. Both contentions are meritless, so we affirm.

BACKGROUND

The accident underlying this dispute occurred in February 2012. Chand was treated for his injuries at San Francisco General Hospital (the Hospital) and subsequently sued the driver of the car that struck him, among others. Chand settled with the driver for $100,000 and filed a notice of partial settlement in August 2012. On October 3, 2012, the City of San Francisco (the City), through its bureau of delinquent revenue collections, filed a medical reimbursement lien for approximately $370,000 in Chand’s personal injury case to recover the cost of the medical care it provided to…

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