On 10/16/2019 SIERRA VIEW CARE HOLDINGS, LLC 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 SERENA R. MURILLO. The case status is Pending - Other Pending.
*******4473
10/16/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
SIERRA VIEW CARE HOLDINGS LLC DBA SIERRA VIEW CARE CENTER
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH
SUSAN FANELLI MD MPH DIRECTOR OF THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH
SMITH M.D. M.P.H. DIRECTOR OF CDPH KAREN
LAHANA MATTHEW I.
SCHNITZER GREGORY
2/14/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation And Proposed Order
1/27/2020: Case Management Statement - Case Management Statement
12/17/2019: Case Management Statement - Case Management Statement
11/25/2019: General Denial - General Denial
10/31/2019: Proof of Personal Service - Proof of Personal Service
10/31/2019: Proof of Personal Service - Proof of Personal Service
10/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
10/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
10/16/2019: Summons - Summons on Complaint
10/16/2019: Complaint - Complaint
10/16/2019: First Amended Standing Order - First Amended Standing Order
10/16/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
Hearing04/20/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketStipulation and Order Stipulation And Proposed Order; Filed by: Sierra View Care Holdings, LLC (Petitioner); As to: California Department Of Public Health (Respondent); Susan Fanelli, Md, Mph, Director Of The California Department Of Public Health (Respondent)
DocketUpdated -- Stipulation and Order Stipulation And Proposed Order: Status changed from Filed to Signed and Filed
DocketNon-Jury Trial scheduled for 04/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketHearing on Petition Complaint scheduled for 02/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/14/2020
DocketCase Management Statement; Filed by: California Department Of Public Health (Respondent)
DocketCase Management Statement; Filed by: Sierra View Care Holdings, LLC (Petitioner)
DocketGeneral Denial; Filed by: California Department Of Public Health (Respondent); Karen Smith, M.D., M.P.H., Director of CDPH (Non-Party)
DocketUpdated -- Karen Smith, M.D., M.P.H., Director of CDPH (Non-Party): Last Name changed from Smith to Smith, M.D., M.P.H., Director of CDPH
DocketProof of Personal Service; Filed by: Sierra View Care Holdings, LLC (Petitioner); As to: Susan Fanelli, Md, Mph, Director Of The California Department Of Public Health (Respondent); Service Date: 10/30/2019; Service Cost: 34.58; Service Cost Waived: No
DocketProof of Personal Service; Filed by: Sierra View Care Holdings, LLC (Petitioner); As to: California Department Of Public Health (Respondent); Service Date: 10/30/2019; Service Cost: 107.97; Service Cost Waived: No
DocketHearing on Petition Complaint scheduled for 02/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Sierra View Care Holdings, LLC (Petitioner); As to: California Department Of Public Health (Respondent); Susan Fanelli, Md, Mph, Director Of The California Department Of Public Health (Respondent)
DocketSummons on Complaint; Issued and Filed by: Sierra View Care Holdings, LLC (Petitioner); As to: California Department Of Public Health (Respondent); Susan Fanelli, Md, Mph, Director Of The California Department Of Public Health (Respondent)
DocketCivil Case Cover Sheet; Filed by: Sierra View Care Holdings, LLC (Petitioner); As to: California Department Of Public Health (Respondent); Susan Fanelli, Md, Mph, Director Of The California Department Of Public Health (Respondent)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STCP04473 Hearing Date: February 19, 2020 Dept: 26
Sierra View Care Holdings, LLC v. California Department of Public Health, et al.
HEARING ON PETITION RE CITATION FOR VIOLATION OF THE LONG-TERM CARE, HEALTH, SAFETY AND SECURITY ACT OF 1973
(Cal. Health & Safety Code § 1428)
TENTATIVE RULING:
Hearing on Petition of Plaintiff Sierra View Care Holdings, LLC dba Sierra View Care Center
to Dismiss Citation is PLACED OFF CALENDAR. The matter is set for trial on April 16, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse.
ANALYSIS:
On October 16, 2019, Plaintiff Sierra View Care Holdings, LLC dba Sierra View Care Center (“Plaintiff”) filed the instant action challenging the issuance of a citation for violation of the Long Term Care, Health, Safety, and Security Action of 1973 against Defendant State of California Department of Health (“Defendant”). The initial pleading is a Complaint to dismiss the citation and proposed assessment of civil penalties. Defendant filed its Answer on November 25, 2019. The case was incorrectly designated “Other Civil Petition” and set for hearing with respect to the non-existent petition on February 19, 2020.
On February 5, 2020, the parties filed a stipulation to vacate the hearing on Petition and set the matter for trial. Accordingly, the court changes the designation of this case from “Other Civil Petition” to “Other Complaint (Non-Tort/Non-Complex)” and takes the hearing on the non-existent petition off calendar. The matter is set for trial on April 16, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse.
Plaintiff to give notice.