Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 14. LIEN / CHAPTER 4. Hospital Liens
California Codes

Cal. Civil Code § 3045.4 (2026)

✓ current as of May 2026
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Any person, firm, or corporation, including, but not limited to, an insurance carrier, making any payment to the injured person, or to his or her attorney, heirs, or legal representative, for the injuries he or she sustained, after the receipt of the notice as provided by Section 3045.3, without paying to the association, corporation, public entity, or other institution or body maintaining the hospital the amount of its lien claimed in the notice, or so much thereof as can be satisfied out of 50 percent of the moneys due under any final judgment, compromise, or settlement agreement after paying any prior liens shall be liable to the person, partnership, association, corporation, public entity, or other institution or body maintaining the hospital for the amount of its lien claimed in the notice which the hospital was entitled to receive as payment for the medical care and services rendered to the injured person.

Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1993–2022 · leading case: Newton v. Clemons, 2003 Cal. Daily Op. Serv. 5808 (Cal. Ct. App. 2003).
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Newton v. Clemons, 2003 Cal. Daily Op. Serv. 5808 (Cal. Ct. App. 2003). · cites it 5× “Instead, it establishes a maximum liability to a lienholder by a payor who paid the patient, but failed to pay the hospital ....” (Underscore in original; italics added.”
Cnty. of Santa Clara v. Escobar, 81 Cal. Comp. Cases 123 (Cal. Ct. App. 2016). · cites it 4× “4th 1 , 6 & Civ. Code, § 3045.4; accord, Huff, supra, 216 Cal.”
Nishihama v. City & Cnty. of San Francisco, 2001 Cal. Daily Op. Serv. 9227 (Cal. Ct. App. 2001). · cites it 2× “resulting from that accident or negligent or other wrongful act.” Plaintiffs position is that the HLA creates an independent right in the health care provider to seek payment for its services from third parties, noting that the statutory scheme recognizes a direct right of…”
Emma Mercado v. Allstate Ins. Co., 340 F.3d 824 (9th Cir. 2003). · cites it 2× “Allstate required the county to be added as a payee because Mercado had incurred county medical expenses and Allstate had a potential liability to the county pursuant to California Civil Code § 3045.4. 4 While it is true that the county’s hen would not have been perfected until…”
S & H Packing & Sales Co. v. Tanimura Distrib., Inc., 883 F.3d 797 (9th Cir. 2018). “The court reasoned that the California legislature knew how to create express priority as evidenced by its treatment of a county’s right to action against a third party for reimbursement, where the statute states that the county has a “first lien”.”
Weston Reid, LLC v. Am. Ins. Grp., Inc., 174 Cal. App. 4th 940 (Cal. Ct. App. 2009). · cites it 2× “) Civil Code section 3045.4 provides for liability if funds are disbursed without paying the lien: “Any person, firm, or corporation, including, but not limited to, an insurance carrier, making any payment to the injured person, or to his or her attorney, heirs, or legal…”
Samura v. Kaiser Found. Health Plan, Inc., 93 Cal. Daily Op. Serv. 6186 (Cal. Ct. App. 1993). “78) and hospital liens for emergency services (Civ. Code, § 3045.4) to one-half a beneficiary’s tort recovery, but these isolated provisions are not enough to evidence a general public policy.”
State Farm Mut. Auto. Ins. v. Huff, 216 Cal. App. 4th 1463 (Cal. Ct. App. 2013). “) Finally, the act imposes liability on a properly notified third party or insurer for the amount the hospital was entitled to receive as payment for treating the injured person if the third party or insurer pays the injured person without first paying the hospital as much of…”
Johnson v. 505 West Madison Apts. CA4/1 (Cal. Ct. App. 2014). · cites it 2× “4th 1, 6 ; Civ. Code, § 3045.4.) In order to assert the lien, a hospital need not provide notice of the lien to the injured person.”
G.W. Palmer & Co. v. Agricap Fin. Corp. (9th Cir. 2018). “at 1113 (citing Cal. Civ. Code § 3045.4 ). The court reasoned that the California legislature knew how to create express priority as evidenced by its treatment of a county’s right to action against a third party for reimbursement, where the statute states that the county has a…”
Dameron Hosp. Assn. v. AAA N. Cal. etc. CA3 (Cal. Ct. App. 2022). “” (Civ. Code, § 3045.4.) The ability of an emergency service provider to collect payment for its services under the HLA “requires the existence of an underlying debt owed by the patient to the hospital .”
Dameron Hosp. Assn. v. AAA N. Cal. etc. (Cal. Ct. App. 2022). “” (Civ. Code, § 3045.4.) The ability of an emergency service provider to collect payment for its services under the HLA “requires the existence of an underlying debt owed by the patient to the hospital .”
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