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RSCR INLAND, INC. v. STATE DEPT. OF PUBLIC HEALTH

No. E067614.

42 Cal.App.5th 122 (2019)

RSCR INLAND, INC., Plaintiff and Appellant, v. STATE DEPARTMENT OF PUBLIC HEALTH, Defendant and Appellant.

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

November 15, 2019.

Attorney(s) appearing for the Case

Xavier Becerra , Attorney General, Julie Weng-Gutierrez , Assistant Attorney General, Jennifer M. Kim , Kristen T. Dalessio and Malinda Lee , Deputy Attorneys General, for Defendant and Appellant.

Salma E. Enan for Disability Rights California as Amicus Curiae on behalf of Defendant and Appellant.

Davis Wright Tremaine , John R. Tate and Karen A. Henry , for Plaintiff and Appellant.

Hooper, Lundy & Bookman, Mark E. Reagan and Stephanie A. Gross for California Association of Health Facilities as Amicus Curiae on behalf of Plaintiff and Appellant.

OPINION

We address the scope of the "reasonable licensee defense" through which a California long-term health care facility may show that a citation for a regulatory or statutory violation should be dismissed, even though there is a factual basis for the citation. The State Department of Public Health argues that the defense...

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