Quintana
Quintana v. Gibson
Opinion
lead Opinion
Grignon, J.
Plaintiff and appellant Michael Quintana appeals from a postjudgment order granting a motion for entry of satisfaction of judgment in favor of defendant and respondent Gregg Whitaker Gibson in this action for damages arising from an automobile accident. Plaintiff’s medical expenses were paid by his employer’s workers’ compensation insurer. Defendant’s liability insurer paid the workers’ compensation lien and offered to settle with plaintiff for $5,000, which plaintiff accepted. Judgment was entered pursuant to the settlement agreement. Defendant’s liability insurer mailed plaintiff a check for the difference between the amount of the settlement and the amount of the workers’ compensation lien ($2,146). Plaintiff refused to accept the check. Defendant demanded plaintiff accept the check in full satisfaction of the judgment. Plaintiff refused to sign an acknowledgment of satisfaction of judgment. Defendant moved for an order for entry of satisfaction of judgment. The trial court granted defendant’s motion.
Plaintiff contends defendant failed to comply with the demand requirements of Code of Civil Procedure section 724.050 prior to moving for entry of satisfaction of…