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KIZER v. COUNTY OF SAN MATEO

Docket No. S014800.

53 Cal.3d 139 (1991)

806 P.2d 1353

279 Cal. Rptr. 318

KENNETH W. KIZER, as Director, etc., Plaintiff and Appellant, v. COUNTY OF SAN MATEO, Defendant and Respondent.

Supreme Court of California.

March 28, 1991.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Charlton G. Holland, Assistant Attorney General, Stephanie Wald and Angela Botelho, Deputy Attorneys General, for Plaintiff and Appellant.

Thomas F. Casey III, County Counsel, Deborah Penny Bennett and Peter K. Finck, Deputy County Counsel, for Defendant and Respondent.

OPINION

PANELLI, J.

We granted review to determine whether Government Code section 8181 prevents the state from imposing statutory civil penalties pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Health & Saf. Code, § 1417 et seq.; hereafter the Act)2 on a state-licensed, county-operated, long-term health care facility. We conclude that it...

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