Miracle Star Women's Recovery Program v. Jett
Filed 3/9/11 Miracle Star Women's Recovery Program v. Jett CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| MIRACLE STAR WOMEN'S RECOVERING COMMUNITY INC., Plaintiff and Respondent, v. KATHERINE JETT etc. et al., Defendants and Appellants. | B214489 (Los Angeles County Super. Ct. No. MC016888) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Robert H. O'Brien, Judge. Reversed with directions.
Edmund G. Brown, Jr., and Kamala D. Harris, Attorneys General, Douglas M. Press, Senior Assistant Attorney General, Jennifer M. Kim and Chara L. Crane, Deputy Attorneys General, for Defendants and Appellants.
Mazur & Mazur, Janice R. Mazur and William E. Mazur, Jr., for Plaintiff and Respondent.
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INTRODUCTION
Defendants Katharine Jett, Director, and the California State Health and Human Services Department of Alcohol and Drug Programs appeal from a judgment in favor of plaintiff Miracle Star Women's Recovering Community, Inc. Defendants contend the trial court erroneously submitted a constitutional question to the jury and erred in denying their motions for judgment in their favor. They also claim evidentiary error. We agree that defendants were entitled to judgment in their favor and reverse.
FACTS[1]
Miracle Star Women's Recovering Community, Inc. (Miracle Star) was licensed by the California State Health and Human Services Department of Alcohol and Drug Programs (Department) as a residential alcohol and drug treatment facility. It operated a facility on Cedar Avenue in Lancaster and a second facility on an adjoining property on Newgrove Avenue. The facilities are owned and operated by Jeffrey and Star Moffatt (Moffats).
On January 28, 2004, Department inspector Robert Rose (Rose) conducted a routine inspection of the two facilities, as well as another adjoining property on Newgrove Avenue which Moffatt hoped to have added to the license. Rose noted two â€
| Description | Defendants Katharine Jett, Director, and the California State Health and Human Services Department of Alcohol and Drug Programs appeal from a judgment in favor of plaintiff Miracle Star Women's Recovering Community, Inc. Defendants contend the trial court erroneously submitted a constitutional question to the jury and erred in denying their motions for judgment in their favor. They also claim evidentiary error. We agree that defendants were entitled to judgment in their favor and reverse. |
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