Garcia

*71 Opinion

This case concerns the application of the collateral source rules of Government Code section 985 to a Medi-Cal lien. 1

Under the common law rule, compensation for injuries received by an injured party from a source independent of the tortfeasor may not be deducted from the damages the plaintiff collects from the tortfeasor, nor may the defendant present evidence that the plaintiffs medical expenses have been paid by an independent source. (Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 504-505 [ 93 Cal.Rptr.2d 97 ].)

Section 985 applies the rule where the defendant is a public entity but provides the entity may bring a posttrial motion for reduction of the judgment in the amount of the collateral source payment. (§ 985, subd. (b).) Subdivision (f)(1) of section 985 directs the court to order reimbursement of a Medi-Cal lien, subject to the “section,” but subdivision (g), a part of the section, authorizes the court to deny reimbursement of any collateral source if to do so would result in “undue financial hardship” upon the injured person.

The plaintiff, Richard Garcia, secured a judgment against the County of Sacramento (the County) for…