Judge: William A. Crowfoot, Case: 19STCV26289, Date: 2022-10-20 Tentative Ruling

Case Number: 19STCV26289    Hearing Date: October 20, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JULIAN ALEXANDER BRITO GONZALEZ,

                   Plaintiff(s),

          vs.

 

VALLEY PRESBYTERIAN HOSPITAL,

 

                   Defendant(s).

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      CASE NO.: 19STCV26289

 

[TENTATIVE] ORDER RE: MOTION TO DETERMINE DHCS LIEN CLAIM (WELFARE & INSTITUTIONS CODE § 14124.76)

 

Dept. 27

1:30 p.m.

October 20, 2022

 

In light of the recent opinions from the United States Supreme Court in Gallardo v. Marstiller (Docket No. 20-1253) and the California Court of Appeal, Second District in Daniel C. v. White Memorial Medical Center, et al. (Docket No. B308253), the Court sets the following schedule for plaintiff Julian Alexander Brito-Gonzalez (“Plaintiff”) and lien-claimant Department of Health Care Services (“DHCS”) to provide supplemental briefing on the impact of these recent rulings on their positions, particularly with respect to (1) Plaintiff’s and DHCS’s proposed allocation of the settlement amount to Plaintiff’s past medical expenses, and (2) the likelihood that DHCS will pay for Plaintiff’s future medical expenses. 

Plaintiff’s supplemental brief, which is not to exceed 10 pages, is due by November 16, 2022.  DHCS’s response to Plaintiff’s supplemental brief, which is also not to exceed 10 pages, is due by December 14, 2022.  The hearing is scheduled for January 13, 2023 at 1:30 p.m.

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.