KINDT v. OTIS ELEVATOR CO.

Docket No. G014202.

32 Cal.App.4th 452 (1995)

38 Cal. Rptr.2d 121

LEOLA KINDT, Plaintiff and Appellant, v. OTIS ELEVATOR COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

February 17, 1995.


Attorney(s) appearing for the Case

COUNSEL

Rose, Klein & Marias and Douglas Hatchimonji for Plaintiff and Appellant.

Hornberger & Criswell, James L. Wellman and David Berry for Defendant and Respondent.


OPINION

WALLIN, J.

The trial court denied Leola Kindt's motion under Labor Code section 3856,1 to allocate from a workers' compensation lien an amount for attorney fees and costs she incurred in obtaining the judgment from which the lien was satisfied. She appeals, arguing there was insufficient evidence to show the lienholder actively participated in the lawsuit resulting in the judgment. She is right...

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