Newland v. Kizer

Opinion

KREMER, P. J.

Plaintiffs John Newland et al. appeal judgment dismissing on the ground of no justiciable controversy their action for injunction, declaratory relief and mandate against defendants State of California Department of Health Services (Department) and its director Kenneth Kizer (together the State defendants). We affirm with respect to plaintiffs’ claims involving Health and Safety Code 1 section 1336. With respect to plaintiffs’ claims involving section 1335, we reverse with directions to the superior court.

I

On September 3, 1986, plaintiffs filed a class action complaint…