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RUSH v. OBLEDO

No. C-79-2256-MHP.

517 F.Supp. 905 (1981)

Kathleen RUSH, Eleanor Fraser, San Mateo County Daycare Association, Plaintiffs, v. Mario OBLEDO, Secretary, California Health and Welfare Agency; Marion J. Woods, Director, Department of Social Services; Ann Bersinger, Deputy Director Community Care Licensing, Department of Social Services; Gary L. Baysmore, Unit Supervisor, Licensing and Certification Division, Department of Social Services; Tony Lee, Social Worker, Department of Social Services; Jesus Longorio, Social Worker, Department of Social Services, Defendants.

United States District Court, N. D. California.

May 18, 1981.

Attorney(s) appearing for the Case

Charles B. Klinedinst, Barry Murphy, John Kelson, Pettit & Martin, San Francisco, Cal., for plaintiffs; Marsha Rosen, Lawyers for Urban Affairs, Lujuana Wolfe Treadwell, Bay Area Child Care, San Francisco, Cal., of counsel.

George Deukmejian, Atty. Gen. of Cal., Stephanie Wald, Deputy Atty. Gen., San Francisco, Cal., for defendants.

OPINION

PATEL, District Judge.

This case raises the question whether the California state statutes and regulations permitting warrantless inspection of family day care homes violate the Fourth Amendment to the United States Constitution. The parties agree that there are no disputes as to material facts. The case is therefore before the court on cross-motions for summary judgment.

FACTUAL BACKGROUND

The pertinent facts are stipulated or...

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