Legal Opinion
Lackner v. Perkins
California Court of Appeal
Decided April 2, 1979No. Civ. 16757PublishedCited by 6 opinions
1Opinion of the Court
Opinion
COLOGNE, J.
Jerome A. Lackner, M.D., as Director of the State Department of Health (Director) filed a complaint against H. A. Lawren Perkins and The Bradley Sanitarium (Perkins) to collect a civil penalty for alleged violation of the Long-Term Care, Health, Safety and Security Act of 1973 (the Act) (Health & Saf. Code, § 1417 et seq.). 1 Perkins moved for summary judgment, or in the alternative, judgment on the pleadings. The court granted judgment on the pleadings holding the Act unconstitutional by depriving the damaged person of due process. The judgment was amended, however, to…
2Cases cited5 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Colten v. KentuckySupreme Court of the United States · 1972
- In Re LewallenCalifornia Supreme Court · 1979
- United States v. Robert WaltersCourt of Appeals for the Fourth Circuit · 1977
3Cited by6 opinions
- Lackner v. St. Joseph Convalescent Hospital, Inc.California Court of Appeal · 1980
- Beach v. Western Medical Enterprises, Inc.California Court of Appeal · 1981
- Myers v. Eastwood Care Center, Inc.California Supreme Court · 1982
- Kizer v. Waterman Convalescent Hospital, Inc.California Court of Appeal · 1992
- Myers v. Astoria Convalescent HospitalCalifornia Court of Appeal · 1980
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