In Stoeckle v. Director of Dept. etc. Welfare (1950) 97 Cal.App.2d 700, plaintiff sued to restrain the department from enforcing the licensing provisions of former Welfare and Institutions Code section 1620, subdivision (a) (see ante, pp. 257-258). Plaintiff alleged that her institution was a kindergarten and hence not within the act. The trial court found that it was a "day nursery" and subject to the licensing provisions of the act. The Court of Appeal affirmed stating, "There being no definition of a day nursery in the code it is fair to assume that the Legislature intended some pre-public school institution 'receiving or caring for' children of pre-public school age. The institution conducted by appellant accepts children who are of pre-kindergarten age. There is no reasonable basis upon which it could be said that appellant's school is a kindergarten and nothing more. The trial court found that it was a 'day nursery' which sounds like a good name for it. But if the court was in error in giving it that designation the judgment must nevertheless be affirmed because the institution is certainly a home 'for the reception, or care, of children under 16 years of age' under the terms of the statute." ( Id., at p. 701.) The court in Stoeckle recognized that it is immaterial whether the institution is designated a "school" or a "kindergarten," it is the character of the service offered or performed which determines whether the facility comes within the licensing provisions of the act.