Legal Opinion

In re Gardens Regional Hospital & Medical Center, Inc.

United States Bankruptcy Court, C.D. California

Decided May 15, 2017No. Case No.: 2:16-bk-17463-ERPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION FINDING THAT THE DEBTOR IS NOT REQUIRED TO OBTAIN THE CONSENT OF THE CALIFORNIA ATTORNEY GENERAL TO SELL THE ASSETS OF A CLOSED HOSPITAL

Ernest M. Robles, United States Bankruptcy Judge

At issue is whether the Debtor, a nonprofit entity, is required to obtain the consent of the California Attorney General to sell certain assets of a closed hospital.1 Under the relevant California statutes, a non-profit entity operating a “health facility” that wishes to sell a material amount of its assets must obtain the consent of the California Attorney General. Because a closed…

2Cases cited26 opinions

  1. Nken v. HolderSupreme Court of the United States · 2009
  2. Hilton v. BraunskillSupreme Court of the United States · 1987
  3. Virginian Railway Co. v. United StatesSupreme Court of the United States · 1927
  4. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  5. Leiva-Perez v. HolderCourt of Appeals for the Ninth Circuit · 2011

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3Cited by7 opinions

  1. In re Verity Health Sys. of Cal., Inc.United States Bankruptcy Court, C.D. California · 2018
  2. (BK)In Re Sunergy California, LLCDistrict Court, E.D. California · 2021
  3. Boy Scouts of AmericaUnited States Bankruptcy Court, D. Delaware · 2022
  4. HARADA FAMILY DENTAL CARE, P.C. v. STRATEGIC FUNDING SOURCE, INCUnited States Bankruptcy Court, D. Montana · 2025
  5. In re Gardens Regional Hospital & Medical Center, Inc.United States Bankruptcy Court, C.D. California · 2017

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