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LOPEZ v. McMAHON

Docket No. A040750.

205 Cal.App.3d 1510 (1988)

253 Cal. Rptr. 321

TERESA L. LOPEZ, Plaintiff and Appellant, v. LINDA S. McMAHON, as Director, etc., Defendant and Respondent.

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

November 22, 1988.

Attorney(s) appearing for the Case

COUNSEL

Orrick, Herrington & Sutcliffe, James Maidson and Kathryn Doi for Plaintiff and Appellant.

Wynne S. Carvill, Jo Ann Woodsum, Nina M. Brooks and Thelen, Marrin, Johnson & Bridges as Amici Curiae on behalf of Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, Chareton G. Holland III, Assistant Attorney General, Stephanie Wald and Ralph M. Johnson, Deputy Attorneys General, for Defendant and Respondent.

OPINION

RACANELLI, P.J.

This appeal challenges the constitutionality of Health and Safety Code section 1596.871, an integral provision of the California Child Day Care Facilities Act, insofar as it automatically denies a license to operate a day care facility to an applicant residing with an adult convicted of a violent felony. For the reasons we explain, we find no constitutional infirmity as claimed.

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