California Court of Appeal

In class action filed under the Unfair Competition Law seeking restitution and injunctive relief to require owners and operators of skilled nursing and intermediate care facilities to comply with certain nursing hour requirements, sustaining of demurrer without leave to amend is affirmed as: 1) the trial court did not abuse its discretion by abstaining from adjudicating this lawsuit; and 2) granting and enforcing the requested relief would place an unnecessary burden on the trial court given the power of the Department of Health Services to monitor and enforce compliance with Health and Safety Code section 1275.6.

Appellate Information

• Decided 08/01/2007
• Published 08/01/2007

Judges

• KITCHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• McNicholas & McNicholas, Patrick McNicholas, Redwood City, Holly N. Boyer;  Garcia Law Firm and Stephen M. Garcia for Plaintiff and Appellant., Paul Gallegos, District Attorney (Humboldt), and Paul Gallegos as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Manatt, Phelps & Phillips, Barry S. Landsberg, Terri D. Keville, Joanna S. McCallum and Andrew H. Struve, Los Angeles, for Defendants and Respondents., Hooper, Lundy & Bookman, Inc., Mark E. Reagan, Scott J. Kiepen, San Francisco, and Felicia Y. Sze, Los Angeles, for California Association of Health Facilities as Amicus Curiae on behalf of Defendants and Respondents.