Alvarado

INTRODUCTION

Alvaro Alvarado (Alvarado), now deceased, filed a class action lawsuit under section 17200 et seq. of the Business and Professions Code (the unfair competition law; UCL) seeking restitution and injunctive relief to require owners and operators of skilled nursing and intermediate care facilities to comply with certain nursing hour requirements set forth in Health and Safety Code section 1276.5, subdivision (a).

We affirm the trial court order sustaining a demurrer without leave to amend. The trial court did not abuse its discretion by abstaining from adjudicating this lawsuit. Adjudicating the alleged controversy would have required the trial court to become involved in complex health care matters concerning the staffing of skilled nursing and intermediate care facilities and assume regulatory functions of the State Department of Health Care Services (DHCS). In addition, granting and enforcing the requested relief would place an unnecessary burden on the trial court given the power of the DHCS to monitor and enforce compliance with section 1276.5.

FACTUAL AND PROCEDURAL BACKGROUND

1. Plaintiff’s Complaint

On February 11, 2004, Alvarado, by and through his…