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Filed 5/30/03

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE JONATHAN D. ARRIETA BUSTAMONTE, a Minor, etc., Plaintiff and Appellant, v. CARLOS FLORES, Defendant and Appellant, THE DIRECTOR OF THE STATE DEPARTMENT OF HEALTH SERVICES, Claimant and Respondent. B156613 (Los Angeles County Super. Ct. No. PC026227)

APPEAL from a judgment and a postjudgment order of the Superior Court of Los Angeles County, Randy Rhodes, Judge. Judgment affirmed; postjudgment order reversed with directions. Thon, Beck, Vanni, Phillipi & Nutt and Brian C. Nutt for Plaintiff and Appellant. Horvitz & Levy, S. Thomas Todd, Holly R. Paul; Bonne Bridges, Mueller, O'Keefe & Nichols and Ted O'Leary for Defendant and Appellant Carlos Flores.

Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of parts 1 and 2 of the Discussion section.

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Bill Lockyer, Attorney General, John H. Sanders, Supervising Deputy Attorney General, Karen Ackerson-Brazille, Deputy Attorney General, for Respondent Director of the State Department of Health Services. _________________________ Defendant and appellant Carlos Flores, M.D. (Dr. Flores) appeals a judgment in favor of plaintiff and respondent Jonathan D. Arrieta Bustamonte, by and through his guardian ad litem Roque Arrieta (Jonathan or plaintiff) following a jury trial of a wrongful death action. Jonathan also appeals, seeking review of a postjudgment order denying his motion to extinguish a Medi-Cal lien by lien claimant and respondent Director of the State Department of Health Services (the Department). We affirm the judgment but reverse the postjudgment order, concluding the MediCal lien on Jonathan's recovery is improper. Welfare and Institutions Code section 14124.72 provides in relevant part at subdivision (c): "When an action or claim is brought by persons entitled to bring such actions or assert such claims against a third party who may be liable for causing the death of a beneficiary, any settlement, judgment or award obtained is subject to the director's right to recover from that party the reasonable value of the benefits provided to the beneficiary under the Medi-Cal program . . . ." (Italics added.) Jonathan was not a person entitled to bring an action or assert a claim to recover decedent's medical expenses. The person who was so entitled was the decedent's personal representative. (Code Civ. Proc.,

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