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SUMMIT CARE-CALIFORNIA v. DEPT. OF HEALTH SERV.

Docket No. B018819.

186 Cal.App.3d 1584 (1986)

231 Cal. Rptr. 476

SUMMIT CARE-CALIFORNIA, INC., Plaintiff and Respondent, v. DEPARTMENT OF HEALTH SERVICES, Defendant and Appellant.

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

November 17, 1986.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Anne S. Pressman and Paula L. Gibson, Deputy Attorneys General, for Defendant and Appellant.

Weissburg & Aronson, Robert J. Gerst, Robert M. Dawson and Robin J. Humphries, for Plaintiff and Respondent.

OPINION

GATES, J.

The State Department of Health Services (Department) appeals from the judgment granting relief under Code of Civil Procedure section 473 to Summit Care-California, Inc. (Summit), the owner and operator of a facility known as Corbin Convalescent Hospital.1 The Department contends: "[I.] Because the department has no legal duty to refer a citation contest to the Attorney General's office...

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