Yoffie

Yoffie v. Marin Hospital District

Good Law
193 Cal. App. 3d 743·1987 Cal. App. LEXIS 1933·238 Cal. Rptr. 502
Court of Appeal of CaliforniaJuly 15, 1987A034544California4,692 words

Opinion

Opinion

Scott, J.

This is an appeal from a judgment denying a petition for writ of mandate. The sole question is whether a private, nonprofit, public-benefit corporation which operates Marin General Hospital pursuant to the terms of a 30-year lease from the Marin Hospital District is subject to the open meeting requirements of the Ralph M. Brown Act (the Brown Act or the Act). (Gov. Code, § 54950 et seq.) For reasons which we will explain, we conclude that it is not, and affirm the judgment.

The Facts

The Marin Hospital District (the District) was organized in 1946 under the provisions of the Local Hospital District Law (Health & Saf. Code, § 32000 et seq.). The District established, owned, and, until recently, operated Marin General Hospital (the hospital) in San Rafael.

The elected board of directors of a hospital district is charged with operating all district-owned hospitals. (Health & Saf. Code, § 32125.) The board may provide for that operation through tenants, and may enter into a lease for the operation of an entire hospital for up to 30 years. (Health & Saf. Code, § 32126.) In addition, a district may transfer, with or without consideration, all of its assets to a nonprofit…

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