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NEWTON-ENLOE v. HORTON

No. F060147.

193 Cal.App.4th 1480 (2011)

CYNTHIA A. NEWTON-ENLOE et al., Plaintiffs and Appellants, v. MARK HORTON, as Director, etc., et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

April 4, 2011.

Attorney(s) appearing for the Case

California Rural Legal Assistance, Inc., Kara E. Brodfuehrer , Phoebe S. Seaton and Cynthia L. Rice for Plaintiffs and Appellants.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Douglas M. Press , Assistant Attorney General, and Julie Weng-Gutierrez , Deputy Attorney General, for Defendants and Respondents.

OPINION

WISEMAN, Acting P. J.—

Plaintiffs petitioned the trial court for an order compelling California's State Department of Public Health and its director (collectively the Department) to prepare and submit to the Legislature a safe drinking water plan (plan) as required in Health and Safety Code section 116355. The trial court denied the petition. We presume that, in doing so, the trial court concluded that the statutory requirement...

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