Defendant California Department of Public Health’s Motion to Dismiss is GRANTED pursuant to Cal. Health & Safety Code section 1428(b).

Background

This action relates to Plaintiff Burbank Healthcare and Rehabilitation Center’s (“Plaintiff”) challenge to Citation No. 92-1678-0011898-F by Defendant California Department of Public Health (“Defendant”) with respect to a patient known as “Resident 1.” Plaintiff is an elder care center, and the Class “A” citation was issued pursuant to Cal. Health & Safety section 1424(d). “Class “A” violations are those which Defendant has determined present either (1) imminent danger that death or serious harm to the patients or residents of the long-term health care facility would result therefrom, or (2) substantial probability that death or serious physical harm to patients or residents of the long-term health care facility would result therefrom. A physical condition or one or more practices, means, method........