Newland

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 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 against the State defendants, Vista Golden Age Leisure Home, Inc. (Vista Golden Age), its administrator Marshall Horsman and its owner Jack Grossman. On July 24, 1987, plaintiffs filed an amended complaint against the State defendants.

Plaintiffs’ amended complaint generally alleges: Plaintiffs are Medi-Cal recipients residing in the Vista Golden Age nursing home. Based on their status as Medi-Cal recipients, plaintiffs were threatened with eviction on September 7, 1986. On August 7, 1986, Vista Golden Age gave plaintiffs notice the home was losing its Medi-Cal funding and they would have to move within…