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DEPARTMENT OF HEALTH CARE SERVICES v. OFFICE OF ADMINISTRATIVE HEARINGS

No. F071023.

6 Cal.App.5th 120 (2016)

DEPARTMENT OF HEALTH CARE SERVICES, Petitioner and Appellant, v. OFFICE OF ADMINISTRATIVE HEARINGS, Respondent; PARENTS ON BEHALF OF STUDENT et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

November 29, 2016.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Julie-Weng Gutierrez , Assistant Attorney General, Ismael A. Castro , Ashante L. Norton and Renu R. George , Deputy Attorneys General, for Petitioner and Appellant.

Orry P. Korb , County Counsel (Santa Clara), Danny Y. Chou , Greta S. Hansen , Jenny S. Lam , Deputy County Counsel; and Jennifer B. Henning for California State Association of Counties as Amicus Curiae on behalf of Petitioner and Appellant.

No appearance for Respondent.

Ruderman & Knox, Frank Richard Ruderman , Daniel R. Shaw and Colleen A. Snyder for Real Party in Interest Parents on Behalf of Student.

Lozano Smith, Sloan R. Simmons , Marcella L. Gutierrez and Nicholas W. Smith for Real Parties in Interest Tuolumne County Office of Education and Sonora Elementary School District.

Dannis Woliver Kelley, Sue Ann Salmon Evans , Amy R. Levine , Steven Wong ; Keith J. Bray and Joshua R. Daniels for California School Board Association/Education Legal Alliance as Amicus Curiae on behalf of Real Parties in Interest Tuolumne County Office of Education and Sonora Elementary School District.

OPINION

The Department of Health Care Services (Department) filed a petition for writs of administrative and traditional mandamus, and declaratory relief, seeking, among other things, an order compelling the Director of the Department of General Services, Office of Administrative Hearings, Special Education Division...

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