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SIMS v. DEPARTMENT OF CORRECTIONS & REHABILITATION

No. A135290.

216 Cal.App.4th 1059 (2013)

157 Cal. Rptr. 3d 409

MITCHELL SIMS et al., Plaintiffs and Respondents, v. DEPARTMENT OF CORRECTIONS AND REHABILITATION et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

May 30, 2013.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Jonathan Wolff , Assistant Attorney General, Thomas S. Patterson and Michael J. Quinn , Deputy Attorneys General, for Defendants and Appellants.

Arnold & Porter, Steven L. Mayer , Julian Y. Waldo and Ginamarie Caya for Plaintiffs and Respondents.

OPINION

KLINE, P. J. —

The question presented by this appeal is whether regulations promulgated by California's Department of Corrections and Rehabilitation (CDCR or agency) regarding the manner in which the death penalty is carried out substantially comply with California's Administrative Procedure Act (APA) (Gov. Code, § 11340 et seq.).1 Finding that the CDCR "substantially failed to comply" with mandatory...

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