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HomeHealth and Safety CodeDiv. 2Ch. 2Art. 8§ 1328 Receiver And State Liability

§ 1328 Receiver And State Liability

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1328 Receiver And State Liability

Key Takeaways

  • •The person in charge (receiver) is only responsible if they do something really careless or mean on purpose.
  • •The state of California is only responsible if the person in charge makes a mistake.
  • •The original owner (licensee) isn’t responsible for anything that happens while someone else is in charge, unless they caused it.

Example

A nursing home is taken over by a new manager (receiver).

If the new manager forgets to fix a broken stair and someone gets hurt, the state might have to pay. But if the old owner didn’t cause the problem, they don’t have to pay.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1328 Receiver And State Liability

(a)  Notwithstanding any other provision of law, the receiver shall be liable only for damages resulting from gross negligence in the operation of the facility or intentional tortious acts. (b)  Notwithstanding any other provision of law, the State of California shall be liable only for damages resulting from negligence of the receiver in the operation of the facility. (c)  The licensee shall not be liable for any occurrences during the receivership except to the extent that the occurrences are the result of the licensee’s conduct. (Added by Stats. 1982, Ch. 1456, Sec. 2.)

Last verified: January 23, 2026

Key Terms

negligencefacilityreceivershipdamagestortlicenseoperationthe state

Related Statutes

  • § 1327.5 Receiver Operation Protection
  • § 1267 License Renewal Deadlines
  • § 1325.5 Temporary Manager Appointment
  • § 1326 Long-Term Care Facility Definition
  • § 1327.1 Investigation Of Receivership Complaints

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 1328.
View Official Source