Johnson v. Barstow Youth Activity Center CA2/8

Filed 11/29/22 Johnson v. Barstow Youth Activity Center CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

KIM JOHNSON, as Director, etc., B322630

Plaintiff and Appellant, (San Bernardino County Super. Ct. No. CIVDS2012458) v.

BARSTOW YOUTH ACTIVITY CENTER, INC., et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of San Bernardino County. Brian S. McCarville, Judge. Affirmed.

Rob Bonta, Attorney General, Cheryl L. Feiner, Assistant Attorney General, Richard T. Waldow, Gregory D. Brown and Darin L. Wessel, Deputy Attorneys General, for Plaintiff and Appellant.

No appearance for Defendants and Respondents.

**********

Plaintiff and appellant Kim Johnson, in her official capacity as the Director of the California Department of Social Services (Department), brought this action for injunctive relief and civil penalties against defendants and respondents Barstow Youth Activity Center, Inc. (Center) and Julie Ford, asserting defendants were operating an unlicensed child day care facility. Plaintiff sought a preliminary injunction pursuant to Health and Safety Code section 1596.891 which the trial court denied. Plaintiff appeals, arguing the trial court abused its discretion by applying an incorrect standard. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff filed this action in June 2020. The complaint alleges defendant Ford is the chief executive officer of defendant Center and the person in charge of overseeing the Center’s day- to-day operations. Plaintiff alleges the Center, a private nonprofit corporation, is operating an unlicensed child day care facility in the city of Barstow in violation of section 1596.80. In addition to civil penalties (accruing at $200/day), plaintiff seeks to enjoin defendants from operating until the Center is in compliance with the licensing statutes set forth in the California Child Day Care Facilities Act. (§ 1596.70 et seq.; the Act.) In July 2020, plaintiff filed a motion for a preliminary injunction pending trial on the merits. The motion was supported by the declaration of Donna Maddox, a Department employee, and several exhibits. Defendants’ opposition papers were supported by a declaration from Ms. Ford.