Section 1291 Of Article 4. Offenses From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 4.
1291
. The director may bring an action to enjoin the violation or
threatened violation of Section 1253 in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. Upon a finding
by the director that the violations threaten the health or safety of
patients in, or served by, a health facility, the health officer of
any county or city health department which has been delegated
inspection authority as defined in Section 1257 may bring an action
to enjoin the violation, threatened violation, or continued violation
by any health facility which is located in an area which is under
his or her local health jurisdiction. Prior to bringing an action to
enjoin the violation, the department shall ensure, to the extent
feasible, that written notice of the proposed action is provided to
each patient or the party responsible for each patient, each patient'
s physician and appropriate agencies which may be able to assist in,
or facilitate, the placement of the patient in a licensed facility.
With respect to any and all actions brought pursuant to this
section alleging the actual violation of Section 1253, the court
shall, if it finds the allegations to be true, issue its order
enjoining the facility from continuance of the violation.