Tentative ruling issued by Judge Linda D. Hurst on Feb. 02, 2021 in San Luis Obispo County, CA - Case no: xxxxx215

On November 27, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Stephanie Cledenin, in her capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care of the Department of State Hospitals - Atascadero (“ASH”). (Plt. Decl., ¶ 2.)
Plaintiff’s amended complaint seeks (1) declaratory relief regarding the parties’ rights and duties under the June 2018 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medications unless as indicated in the manufacturer’s instructions.” (Am.Cmp., ¶ III, ll. 15-22.)
Currently on calendar is Defendant’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication. Specificall….....