York Healthcare & Wellness Ctr. LP v. State Dep't of Pub. Health

244 Cal. Rptr. 3d 861, 33 Cal. App. Supp. 5th 20
CourtCalifornia Superior Court
DecidedMarch 8, 2019
DocketNo. BV 032739
StatusPublished
Cited by1 cases

This text of 244 Cal. Rptr. 3d 861 (York Healthcare & Wellness Ctr. LP v. State Dep't of Pub. Health) is published on Counsel Stack Legal Research, covering California Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
York Healthcare & Wellness Ctr. LP v. State Dep't of Pub. Health, 244 Cal. Rptr. 3d 861, 33 Cal. App. Supp. 5th 20 (Cal. Super. Ct. 2019).

Opinion

Ricciardulli, J.

INTRODUCTION

York Healthcare & Wellness Centre LP, dba York Healthcare & Wellness Centre *863(York) was given a $20,000 citation by the State Department of Public Health (the Department) for failing to properly care for one of the residents at its nursing care facility, and it appealed by bringing a limited civil action under Health and Safety Code section 1428, subdivision (b) (1428(b)). Because York failed to timely file a case management statement (CMS) within six months of the filing of the Department's answer, the trial court granted the Department's motion to dismiss and entered judgment against York. York appeals the judgment and, as discussed below, we affirm.

The operative statute states, "Notwithstanding any other provision of law, a licensee prosecuting a judicial appeal shall file and serve a [CMS] pursuant to Rule 212 of the California Rules of Court within six months after the [D]epartment files its answer in the appeal," and provides that, if a timely CMS is not filed, the court must grant the Department's dismissal motion. (1428(b).) As York points out, California Rules of Court, rule 212 was repealed after 1428(b) was enacted.1 The rules that replaced rule 212, as presently drafted, state a CMS need only be filed when courts set a case management conference (rule 3.725(a)) and allow courts to exempt cases from having to conduct case management conferences (rule 3.720(b)). Pursuant to the opt-out provision, the Los Angeles County Superior Court provided that conferences do not have to be set in limited civil cases ( Super. Ct. L.A. County, Local Rules, rule 3.23 ). York maintains that, since the local rule does not require a case management conference be conducted, it did not have to file a CMS, and the court erred in dismissing its appeal. York is wrong.

The plain terms of 1428(b) show the reference to filing a CMS "pursuant to Rule 212 of the California Rules of Court" was meant only to define the contents and timing of a CMS. The repeal of rule 212 did not affect 1428(b)'s requirement that, "Notwithstanding any other provision of law, a licensee prosecuting a judicial appeal shall file and serve a [CMS]." When the Legislature in 2006 added to 1428(b) the requirement that an appealing facility file a CMS within six months of an answer or suffer dismissal, it did not intend to allow courts to exempt cases from the timely filing and dismissal provisions. Although the rules were changed in 2013 to provide local courts may opt out, the new rules could not lawfully override the statute and underlying legislative intent. We hold that, if a CMS is not filed within six months of the filing of the Department's answer, the court must grant the Department's motion to dismiss a facility's action appealing a citation, even if a superior court's local rule provides that a case management conference is optional.

BACKGROUND

York was cited because in December 2014 its facility failed to properly address a resident's dehydration and severe constipation, and as a result of drugs it administered, the resident developed an infection and had to be rushed to the hospital for treatment. The Department investigated the incident and issued the $20,000 citation, and on July 12, 2016, York filed its action appealing the citation. On October 3, 2016, the Department filed its answer.

The filing of the answer triggered York's duty to file a CMS within six months, by April 3, 2017. However, York's CMS was filed on May 16, 2017, over a *864month late. The Department filed a motion to dismiss the case, maintaining the mandatory dismissal provision of 1428(b) was applicable, and York filed an opposition to the motion arguing it was not required to file a CMS and it only filed one "in an abundance of caution." The court granted the motion and entered judgment against York.

DISCUSSION

Because the issues in the appeal involve the interpretation of statutes and rules and not any disputed facts, we exercise de novo review. ( Ceja v. Rudolph & Sletten, Inc. (2013) 56 Cal.4th 1113, 1119, 158 Cal.Rptr.3d 21, 302 P.3d 211.)

"Under settled canons of statutory construction, in construing a statute we ascertain the Legislature's intent in order to effectuate the law's purpose. [Citation.] We must look to the statute's words and give them their usual and ordinary meaning. [Citation.] The statute's plain meaning controls the court's interpretation unless its words are ambiguous." ( Green v. State of California (2007) 42 Cal.4th 254, 260, 64 Cal.Rptr.3d 390, 165 P.3d 118.)

A court "examine[s] the entire substance of the statute in order to determine the scope and purpose of the provision." ( Alford v. Superior Court (2003) 29 Cal.4th 1033, 1040, 130 Cal.Rptr.2d 672, 63 P.3d 228.) If statutory language is "susceptible to more than one reasonable interpretation," the court looks to " ' "extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, ... [and] the statutory scheme of which the statute is a part." [Citation.]' [Citations]." ( Coburn v. Sievert (2005) 133 Cal.App.4th 1483, 1495-1496, 35 Cal.Rptr.3d 596, fn. omitted.)

The Statutory Language

The text of 1428(b) provides, in relevant part, that "to perfect a judicial appeal of a contested [class 'A'] citation,2 a licensee shall file a civil action in the superior court in the county in which the long-term health care facility is located.... Notwithstanding any other provision of law, a licensee prosecuting a judicial appeal shall file and serve a case management statement pursuant to Rule 212 of the California Rules of Court within six months after the [D]epartment files its answer in the appeal.... [T]he court shall dismiss the appeal upon motion of the [D]epartment if the case management statement is not filed by the licensee within the period specified...."

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Cite This Page — Counsel Stack

Bluebook (online)
244 Cal. Rptr. 3d 861, 33 Cal. App. Supp. 5th 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/york-healthcare-wellness-ctr-lp-v-state-dept-of-pub-health-calsuperct-2019.