COUNTY OF SAN BERNARDINO v. CALDERON
In this case, the County of San Bernardino (hereafter the County) provided medical care to Martin Zavala Calderon after he was injured in a car accident in which the other driver was at fault. The parties concur that the hospital has a valid lien for the reasonable value of its services to Calderon. The principal issue on appeal is whether the Countys lien for services rendered beginning on July 14, 2003, notice of which was given to the responsible third party on November 13, 2003, takes priority over a lien for attorney fees which was created by contract between Calderon and his attorney on July 18, 2003. In a trial on the Countys action for declaratory relief based on stipulated facts, the trial court held that the hospital lien was created on November 13, 2003, upon the giving of notice. Because the lien for attorney fees was created before the hospitals lien, the court determined that the attorneys lien has priority over the hospital lien.
The construction of a statute and its applicability to undisputed facts are questions of law which we review de novo. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 432; International Engine Parts, Inc. v. Fedderson & Co. (1995) 9 Cal.4th 606, 611.) Court conclude that the HLA does not provide that hospital liens have first priority over competing liens regardless of the time of creation of the lien, and that the hospital lien was not created until notice was given on November 13, 2003. Accordingly, Court affirm the judgment.
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