State Department’s Interpretation of Statutory Scheme Rejected.
Although Aguilera v. Loma Linda University Medical Center, Case No. D066701 (4th Dist., Div. 1 April 2, 2015) (published) is a very practice-bound, technical decision, we still report on all areas of attorney’s fees.
Aguilera held that Welfare and Institutions Code section 14124.76’s formula, not other constructs, governed what the California Department of Health Care Services had to credit as far as a Medi-Cal injured party’s attorney’s fees and costs in reaching a settlement when it came to reducing the Department’s lien against the injured party’s settlement. Injured party only wanted the reduction allowed under section 14124.76, while Department wanted much more under other theories. The appellate court went with 14124.76.