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ROBERTS v. BRIAN

Docket No. L.A. 29898.

6 Cal.3d 1 (1971)

489 P.2d 1378

98 Cal. Rptr. 50

JOHN HERBERT ROBERTS, Plaintiff and Respondent, v. EARL W. BRIAN, as Director, etc., Defendant and Appellant.

Supreme Court of California. In Bank.

November 4, 1971.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward M. Belasco and Melvin R. Segal, Deputy Attorneys General, for Defendant and Appellant.

James A. Broderick Jr., Brian J. Kennedy and Broderick & Kennedy for Plaintiff and Respondent.

OPINION

TOBRINER, J.

Plaintiff (petitioner herein) John Roberts requires individualized nursing care during his waking hours because of frequent seizures which, in the absence of prompt medical aid, would cause his death. Defendant (respondent herein) declined to provide funds for such care on the ground that the expenditure was not authorized by Medi-Cal regulations. Petitioner brought mandate...

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