This case was last updated from Los Angeles County Superior Courts on 09/29/2020 at 08:37:05 (UTC).

INTERCOMMUNITY CARE CENTERS, INC. VS CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, ET AL.

Case Summary

On 02/06/2019 INTERCOMMUNITY CARE CENTERS, INC filed an Other lawsuit against CALIFORNIA DEPARTMENT OF PUBLIC HEALTH. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1352

  • Filing Date:

    02/06/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

INTERCOMMUNITY CARE CENTERS INC. DBA INTERCOMMUNITY CARE CENTER

Defendants

CALIFORNIA DEPARTMENT OF PUBLIC HEALTH

SMITH KAREN MD

Attorney/Law Firm Details

Plaintiff Attorney

SCHWARTZ ROBERT

Defendant Attorney

BARCA DANE C.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion - Other Motion to Strike Plaintiff's Reques...)

8/24/2020: Minute Order - Minute Order (Hearing on Motion - Other Motion to Strike Plaintiff's Reques...)

Reply (name extension) - Reply Defendants Reply To The Opposition To The Motion To Strike Plaintiffs Request For Jury Trial

8/17/2020: Reply (name extension) - Reply Defendants Reply To The Opposition To The Motion To Strike Plaintiffs Request For Jury Trial

Memorandum of Points & Authorities - Memorandum of Points & Authorities

8/11/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

1/31/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Declaration (name extension) - Declaration Of Dane C. Barca In Support Of Defendants' Motion To Strike Plaintiff's Request For A Jury Trial

3/16/2020: Declaration (name extension) - Declaration Of Dane C. Barca In Support Of Defendants' Motion To Strike Plaintiff's Request For A Jury Trial

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

3/16/2020: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Case Management Statement - Case Management Statement

8/5/2019: Case Management Statement - Case Management Statement

General Denial - General Denial

4/24/2019: General Denial - General Denial

Proof of Personal Service - Proof of Personal Service

4/26/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/26/2019: Proof of Personal Service - Proof of Personal Service

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2/6/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

2/6/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/6/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

2/6/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

2/6/2019: First Amended Standing Order - First Amended Standing Order

4 More Documents Available

 

Docket Entries

  • 05/17/2021
  • Hearing05/17/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/24/2020
  • DocketUpdated -- Motion to Strike (not anti-SLAPP) - without Demurrer: Filed By: Karen Smith, MD (Defendant),California Department of Public Health (Defendant); Result: Denied; Result Date: 08/24/2020

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  • 08/24/2020
  • DocketMinute Order (Hearing on Motion - Other Motion to Strike Plaintiff's Reques...)

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  • 08/24/2020
  • DocketHearing on Motion - Other Motion to Strike Plaintiff's Request for Jury Trial scheduled for 08/24/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/24/2020; Result Type to Held - Motion Denied

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  • 08/17/2020
  • DocketReply Defendants Reply To The Opposition To The Motion To Strike Plaintiffs Request For Jury Trial; Filed by: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 08/11/2020
  • DocketMemorandum of Points & Authorities; Filed by: Intercommunity Care Centers, Inc. (Plaintiff)

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  • 05/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/19/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 08/05/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 05/17/2021 08:30 AM

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  • 05/19/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/09/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/19/2020

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  • 03/17/2020
  • DocketHearing on Motion - Other Motion to Strike Plaintiff's Request for Jury Trial scheduled for 08/24/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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5 More Docket Entries
  • 04/26/2019
  • DocketProof of Personal Service; Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: Karen Smith, MD (Defendant); Service Date: 03/08/2019; Service Cost Waived: No

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  • 04/24/2019
  • DocketGeneral Denial; Filed by: California Department of Public Health (Defendant)

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  • 02/07/2019
  • DocketNon-Jury Trial scheduled for 08/05/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/07/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/09/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/07/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 02/06/2019
  • DocketComplaint; Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 02/06/2019
  • DocketSummons on Complaint; Issued and Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 02/06/2019
  • DocketCivil Case Cover Sheet; Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 02/06/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/06/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01352    Hearing Date: August 24, 2020    Dept: 26

Intercommunity Care Centers, Inc. dba Intercommunity Care Center v. Cal. Dept. of Public Health, et al.

MOTION TO STRIKE REQUEST FOR JURY TRIAL

(Cal. Const. Art. 1, § 16)

TENTATIVE RULING:

California Department of Public Health and Karen Smith, Director of the­­­­­­ California Department of Public Health’s Motion to Strike Request for Jury Trial is DENIED.

ANALYSIS:

This action relates to Plaintiff Intercommunity Care Centers, Inc. dba Intercommunity Care Center’s (“Plaintiff”) challenge to a citation issued by Defendant California Department of Public Health (“Defendant”). Plaintiff is an elder care center, and the Class “A” citation and the $20,000.00 penalty was issued for violation of 42 Code of Federal Regulations parts 483.25(d)(1) and (2) and 22 California Code of Regulations section 72523(a). Plaintiff filed this action on February 6, 2019. On January 31, 2020, Plaintiff filed a notice of posting of jury fees.

On March 16, 2020, Defendant filed the instant Motion to Strike the Request for Jury Trial. Plaintiff filed its opposition on August 11, 2020, and Defendant replied on August 17, 2020.

Discussion

Defendant has not demonstrated a legal basis to strike the request for jury trial. The only authority to which the Motion cites for the requested relief is a practice guide. (Motion, p. 3, n. 1; Reply, p. 2:15-22 (citing Securing Trial by Jury, Cal. Prac. Guide Civ. Trials & Ev. Ch. 2-D).) This is not binding authority on the Superior Courts of this State. Such secondary “sources ‘certainly are not binding’ [citations omitted], especially when, as here, they do not cite any authority for the asserted rule.” (Aixtron, Inc. v. Veeco Instruments Inc. (2020) 52 Cal.App.5th 360, 380.)

The only statutory authority under which a party may bring a motion to strike is Code of Civil Procedure sections 425.16, 435 and 436. These statutes, however, only allow a party to move to strike pleadings, which are defined as a demurrer, answer, complaint, or cross-complaint. (Code Civ. Proc., § 435, subd. (a).) Furthermore, motions to strike in limited jurisdiction court may only be brought “on the ground that the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92, subd. (d).)

As Defendant has not demonstrated a legal basis pursuant to which the Court can strike the request for jury trial, the Motion to Strike is DENIED.

Plaintiff to give notice.