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Black v. Department of Mental Health9/11/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Richard F. Charvat, Judge.
Affirmed.
Douglas Black, acting as administrator of his deceased brother's estate, appeals from the judgment entered in favor of the State of California after the state's demurrers to the first amended complaint were sustained without leave to amend. For the reasons set forth below, we affirm the judgment.
FACTS AND PROCEDURAL HISTORY
Craig Black (decedent) was a long-term mental patient at the former Camarillo State Hospital (Camarillo). With Camarillo set to close in June 1997, decedent's brother and conservator, Douglas Black (appellant), agreed in February 1997 to have decedent transferred to La Casa Mental Health Center (La Casa), a privately-owned facility operating on the grounds of Metropolitan State Hospital (Metropolitan). On May 26, 1997, decedent died at La Casa. He was 54.
Appellant and his parents, Frank Bush Black and Zetta Frances Black, sued the State of California's Department of Mental Health (the Department) and the Department's director, Stephen Mayberg, along with Camarillo and Metropolitan. They also sued La Casa and its operator, Telecare Corporation (Telecare).
The operative first amended complaint contained causes of action for wrongful death, violations of the elder abuse and dependent adult protection laws (Welf. & Inst. Code, § 15600 et seq.), medical malpractice, and negligent and intentional misrepresentation. It also included a survivor's action on behalf of decedent's estate (Code Civ. Proc., § 377.32) alleging violations of the Unruh Civil Rights Act (Civ. Code, § 51, hereafter the Unruh Act). Appellant alleged he was duped into believing his brother had been transferred to Metropolitan, not an adjacent private facility where decedent would receive a lower level of care. While at La Casa, decedent was allegedly abused and neglected and received inadequate medical care. Specifically, decedent was given incorrect dosages of lithium. Because the lithium levels in his blood were not properly monitored, decedent's mental and physical health deteriorated, resulting in his death, the first amended complaint alleged.
After incorporating all previous allegations, the Unruh Act cause of action alleged that the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq., hereafter the ADA) was incorporated into the Unruh Act. A federal regulation implementing Title II of the ADA, 28 Code of Federal Regulations section 35.130(d), made it unlawful to discriminate against mentally disabled persons such as decedent by failing to place them in the most integrated setting possible, consistent with their condition and treatment needs. Appellant alleged the State violated this regulation by inappropriately placing decedent at La Casa.
La Casa and the State brought separate demurrers to the first amended complaint. At the February 19, 1999, hearing La Casa's demurrers were sustained with leave to amend. The State's demurrers were sustained without leave to amend. A judgment for the State was entered March 12, 1999. At issue on appeal is the demurrer to the Unruh Act claim, which was sustained on the ground the State was not a business establishment, as required by Civil Code section 51.
STANDARD OF REVIEW
In reviewing a judgment of dismissal after a demurrer is sustained without leave to amend, we must assume the truth of all facts properly pleaded by the plaintiff-appellant. Regardless of the label attached to the cause of action, we must examine the complaint's factual allegations to determine whether they state a c
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