Summit Care-California, Inc. v. Deartment of Health Services

Opinion

GATES, J.

The State Department of Health Services (Department) appeals from the judgment granting relief under Code of Civil Procedure section 473 to Summit Care-California, Inc. (Summit), the owner and operator of a facility known as Corbin Convalescent Hospital.1 The Department contends: “[I.] Because the department has no legal duty to refer a citation contest to the Attorney General’s office unless it receives a timely notice to do so, a writ of mandate cannot issue to compel that act and the trial court abused its discretion by issuing the writ. [II.] A limitations period may not…