County of San Diego v. Department of Health Services

In this matter certified from the appellate department of the San Diego County Superior Court, the County of San Diego (the County) appeals a municipal court order dismissing its complaint under Health and Safety Code section 1428, subdivision (c), against the State of California Department of Health Services (Department) to perfect a judicial appeal of a decision at a citation review conference. We affirm the order of dismissal.

I

Introduction

This is an appeal from an order dismissing the County’s complaint filed in municipal court. The superior court appellate department, without rendering a written opinion, reversed the municipal court dismissal, but upon request of defendant state certified the case to this court for further consideration. We affirm the order of dismissal entered by the municipal court.

II

Facts and Procedural Background

This case arises from the imposition of a $500 civil penalty for patient abuse at Edgemoor Geriatric Hospital. The hospital is a “long-term health facility” operated by the County under a license issued by the Department. The licensing and administration of long-term health facilities are governed by the “Long-Term Care,…