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........