Defendant California Department of Public Health’s Motion to Dismiss is GRANTED. This action against Defendant is hereby dismissed under Health & Saf. Code § 1428(b).
Defendant request for relief under Section 473(b) is DENIED.
I. Background
On May 19, 2017, Plaintiff 13333 Fenton Avenue, LLC dba Mountain View Convalescent Hospital (“Plaintiff”) filed a Complaint to Dismiss Citation against Defendant California Department of Public Health (“Defendant”). On May 24, 2018, Defendant filed a Motion to Dismiss (the “Motion”). On June 27, 2018, Plaintiff filed an opposition. On July 3, 2018, Defendant filed a reply.
At the previous hearing on July 11, the Court continued this Motion for Plaintiff and Defendant to file supplemental papers to address the issue of CCP § 473(b).
II. Legal Standard
Health & Saf. Code § 1428 states in pertinent part:
“(a) If the licensee desires to contest a citation or the proposed assessment of a civil penalty therefor, the licensee shall use the processe
Type
PETITION FILED - PETITION - OTHER (Limited Jurisdiction)
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Defendant California Department of Public Health’s Motion to Dismiss is GRANTED. This action against Defendant is hereby dismissed under Health & Saf. Code § 1428(b).
Defendant request for relief under Section 473(b) is DENIED.
I. Background
On May 19, 2017, Plaintiff 13333 Fenton Avenue, LLC dba Mountain View Convalescent Hospital (“Plaintiff”) filed a Complaint to Dismiss Citation against Defendant California Department of Public Health (“Defendant”). On May 24, 2018, Defendant filed a Motion to Dismiss (the “Motion”). On June 27, 2018, Plaintiff filed an opposition. On July 3, 2018, Defendant filed a reply.
At the previous hearing on July 11, the Court continued this Motion for Plaintiff and Defendant to file supplemental papers to address the issue of CCP § 473(b).
II. Legal Standard
Health & Saf. Code § 1428 states in pertinent part:
“(a) If the licensee desires to contest a citation or the proposed assessment of a civil penalty therefor, the licensee shall use the processe