Does the collateral source rule apply to gratuitous wage claims?
California, United States of America
The following excerpt is from In re Conservatorship of EState of McQueen, 120 Cal.Rptr.3d 283 (Cal. App. 2011):
The court in Smock v. State of California (2006) 138 Cal.App.4th 883, 41 Cal.Rptr.3d 857, another gratuitous wage case, concurred: "The cases that discuss application of the collateral source rule do not find a critical distinction between situations where the victim receives a gratuitous payment or benefit and those where the benefit or payment arises from some obligation. Under California law, it makes no difference. [Citations.]" ( Id. at p. 887, 41 Cal.Rptr.3d 857.)
[120 Cal.Rptr.3d 289]
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