Newland v. Kizer

In Newland v. Kizer (1989) 209 Cal. App. 3d 647, a nursing home gave Medi-Cal residents 30 days to relocate after the home lost its Medi-Cal certification. For many residents, this was an inadequate amount of time to find a replacement home. In the meantime the home's Medi-Cal status was reinstated. The affected residents brought suit to seek a declaration the applicable statute required the State Department of Health Services and the home to agree to give residents an additional 60 days to relocate if in the future the nursing home again lost its Medi-Cal certification. The court found any dispute about the statute's applicability ended when the home received Medi-Cal recertification. "Although the parties' interests may be adverse and the briefs may address substantive issues involving section 1336, 'plaintiffs' posture lacks the urgency and definiteness necessary to render declaratory relief appropriate.' Nothing in the record suggests plaintiffs are now imminently faced with any change in the status of the home's license or operations threatening the facility's ability to care for its patients. Absent any need for court determination of section 1336's applicability in a specific factual scenario in an actual dispute, issues involving interpretation of the statute's meaning are not appropriate for immediate judicial resolution. " (Newland v. Kizer, supra, 209 Cal. App. 3d 647, 658.)