New UCL economic abstention decision: Alvarado v. Selma Convalescent Hosp.

In Alvarado v. Selma Convalescent Hospital, ___ Cal.App.4th ___ (Aug. 1, 2007), the Court of Appeal applied the "economic abstention doctrine" in holding that the trial court properly declined to hear a UCL claim predicated on alleged violations of certain Health and Safety Code provisions governing the operation of nursing homes:

The trial court did not abuse its discretion by abstaining from adjudicating this lawsuit. Adjudicating the alleged controversy would have required the trial court to become involved in complex health care matters concerning the staffing of skilled nursing and intermediate care facilities and assume regulatory functions of the Department of Health Services (DHS). In addition, granting and enforcing the requested relief would place an unnecessary burden on the trial court given the power of the DHS to monitor and enforce compliance with [the Health and Safety Code provision in question].

Slip op. at 2.