Kern County Hospital Auth. v. Dept. of Corrections & Rehabilitation

Filed 5/26/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

KERN COUNTY HOSPITAL

AUTHORITY, F083743

Plaintiff and Respondent, (Super. Ct. No. BCV-20-102979)

v.

OPINION

DEPARTMENT OF CORRECTIONS AND

REHABILITATION et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Kern County. David R. Lampe, Judge. Rob Bonta, Attorney General, Phillip J. Lindsay, Assistant Attorney General, Maria G. Chan and Van Kamberian, Deputy Attorneys General, for Defendants and Appellants. Zimmer & Melton, T. Mark Smith and Justin L. Thomas for Plaintiff and Respondent. -ooOoo- As four medically comprised inmates who required skilled nursing care were approaching their parole dates, the California Department of Corrections and Rehabilitation (CDCR) unsuccessfully attempted to locate skilled nursing facilities that would accept them after they were paroled. When their parole dates arrived, the CDCR, believing it had no other option, paroled them to Kern County and transported them to the emergency department at Kern Medical Center (KMC), a…