Miller Family Home, Inc. v. Department of Social Services

Good Law
1997 Cal. App. LEXIS 691·57 Cal. App. 4th 488·67 Cal. Rptr. 2d 171·97 Daily Journal DAR 11316·97 Cal. Daily Op. Serv. 7045
Court of Appeal of CaliforniaJuly 29, 1997C025060California2,097 words

Opinion

Opinion

Callahan, J.

Plaintiff Miller Family Home, Inc. (Miller), filed a petition for writ of mandate to set aside the decision of defendant Department of Social Services (DSS) revoking Miller’s license to operate two group homes for children in Los Angeles. The court denied the petition, and Miller appeals.

Miller argues the trial court erred in denying the petition because: (1) the method DSS used to serve its accusation or statement of charges did not comport with due process; and (2) DSS abused its discretion in denying Miller relief from failure to file a timely notice of defense. Miller also asserts it is entitled to attorney fees. We shall affirm the judgment.

Factual and Procedural Background

DSS licensed Miller to operate two group homes for children under the name of Miller’s Care Facility. One home was located at 1746 W. 38th Place in Los Angeles; the other was located at 1720 W. 38th Street in the same city. Miller represented in its brief that each facility “provided 24 hour per day, 7 day per week residential care and treatment of children placed by county welfare and probation departments.”

On January 18, 1996, DSS issued an accusation seeking revocation of Miller’s…

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