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CARPENTERS HEALTH AND WELFARE v. VONDERHARR

Nos. 02-57183, 03-55296, 03-55312.

384 F.3d 667 (2004)

CARPENTERS HEALTH AND WELFARE TRUST FOR SOUTHERN CALIFORNIA, Plaintiff-Appellant, v. Timothy VONDERHARR; Karen Vonderharr, minor by her guardian ad litem, Timothy Vonderharr; Lauren Vonderharr, minor by her guardian ad litem Timothy Vonderharr; Sara Vonderharr, minor by her guardian ad litem, Timothy Vonderharr; Charles R. Weldon Law Offices; Does, Ito X, inclusive; McClellan & Associates, a Professional Corporation, Defendants-Appellees. Carpenters Health and Welfare Trust for Southern California, Plaintiff-Appellee, v. Timothy Vonderharr; Karen Vonderharr, minor by her guardian ad litem, Timothy Vonderharr; Lauren Vonderharr, minor by her guardian ad litem Timothy Vonderharr; Sara Vonderharr, minor by her guardian ad litem, Timothy Vonderharr; McClellan & Associates, a Professional Corporation, Defendants-Appellants. Carpenters Health and Welfare Trust for Southern California, Plaintiff-Appellee, v. Timothy Vonderharr, Defendant, and Charles R. Weldon Law Offices, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed September 15, 2004.

Attorney(s) appearing for the Case

Gerald Selvo and Desmond Lee, Decarlo, Connor & Selvo, Los Angeles, CA, for the appellant.

Craig R. McClellan, John H. Gomez, and Cindy Lane, McClellan & Associates, San Diego, CA, Donald M. de Camara, Law Offices of Donald M. de Camara, Carlsbad, CA, for the appellees.

Before: CANBY, JR., NOONAN, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

Carpenters Health and Welfare Trust for Southern California (the "Trust") appeals the dismissal of its action seeking reimbursement of medical benefit payments from a personal injury recovery obtained by plan participant Timothy Vonderharr and his family. We affirm in part, vacate in part, and remand.

I

This action arises out of an automobile accident in December, 1998, in which four members of the Vonderharr family were injured...

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