Morris

Morris v. Harper

Good Law
114 Cal. Rptr. 2d 62·2001 Cal. App. LEXIS 1651·2001 Daily Journal DAR 12507·94 Cal. App. 4th 52·2001 Cal. Daily Op. Serv. 10032
Court of Appeal of CaliforniaOctober 31, 2001A093703California3,413 words

Opinion

Opinion

Ruvolo, J.

I.

Introduction

This matter arises out of a petition for writ of mandate filed by respondent Robert E. Morris, M.D., a board-certified physician in pediatrics and adolescent medicine, against appellant Jerry L. Harper, then Acting Director of the California Youth Authority (CYA). Morris’s petition sought mandamus relief to require Harper to comply with state law by obtaining licenses for the 11 CYA programs meeting the statutory definition of a correctional treatment center. (Health & Saf. Code, §§ 1250, subd. (j)(l), 1253.) The trial court granted the mandate petition, stating: “[A]lmost five years after the mandatory compliance deadline, [Harper] has yet to license even one facility and is in the process of licensing only three of the eleven facilities. 0[] Given these circumstances, the Court is not convinced that [Harper] is willing to perform without coercion.” Harper challenges the trial court’s decision, claiming “the superior court’s judgment granting the writ of mandate flies directly in the face” of the limited scope of mandamus relief. We disagree and affirm.

II.

Facts and Procedural History

The trial court based its decision on the following facts, which…

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