Home/Case Law/PHILIP EVANS vs. BLUE SHIELD, SENTRY CLAIMS SERVICE
Regular Decision

PHILIP EVANS vs. BLUE SHIELD, SENTRY CLAIMS SERVICE

Filed: Jun 22, 2009
San Francisco
ADJ4355541

CompFox AI Summary

The Appeals Board rescinded an order dismissing a lien claim due to the defendant's failure to properly serve the lien claimant with the dismissal order. Reconsideration was granted after the lien claimant sought it, and it was discovered that no proof of service on the lien claimant was filed by the defendant. The Board found this failure to be a violation of due process. Therefore, the case is returned to the trial level to allow the lien claimant to present their case on the merits.

Full Decision Text1 Pages

The Appeals Board rescinded an order dismissing a lien claim due to the defendant's failure to properly serve the lien claimant with the dismissal order. Reconsideration was granted after the lien claimant sought it, and it was discovered that no proof of service on the lien claimant was filed by the defendant. The Board found this failure to be a violation of due process. Therefore, the case is returned to the trial level to allow the lien claimant to present their case on the merits.

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