Universal Life Church, Inc. v. State

This appeal arises from the granting of a preliminary injunction enjoining the operation of an unlicensed community care facility. Appellants argue the injunction was improper because they are exempt from licensure under the Community Care Facilities Act. We disagree and affirm.

Facts

Appellants Universal Life Church, Inc., Reverend Kenneth Lowe and George Talcott are presently operating four unlicensed community care facilities for elderly church members in Orange County. Their applications for licensure under the Community Care Facilities Act (Health & Saf. Code, § 1500 et seq.) 1 were denied primarily because of their refusal to cooperate with the Department of Social Service’s attempts to inspect and evaluate the facilities. Appellants withdrew their appeal of the department’s decision stating “we have voluntarily reduced services at all locations to Room and Board only.”

In October 1983, appellants sought declaratory and injunctive relief to enjoin the department from inspecting the church facilities. They argued they were exempt from licensure under the Community Care Facilities Act because section 1505, subdivision (g) provides for an exemption for “[a]ny…