Daycare RecordChild care inspection records

Action Day Nursery

2146 Lincoln Avenue, San Jose, CA 95125 · Santa Clara County
5 substantiated complaintsChild care center (preschool)

Action Day Nursery is a licensed child care center in San Jose, CA, licensed for up to 154 children and serving preschool-age children. It has held its California license since 1992. Since February 2021, state licensing staff have inspected it 3 times and investigated 9 complaints, 5 of them substantiated. The state issued 14 citations, 4 of them Type A (the most serious), most often for building & playground safety (5 of 14). 2 citations came in the last 12 months. Measured by weighted citations per inspection, it is tied for #192 of 201 centers in San Jose and has more citations per inspection than 98% of California licensed centers.

Inspection record

More citations than 98%of 10,948 California licensed centers, per inspection, weighted by severity. Among the most cited
Tied for #192 of 201 centers in San Jose
4Type A citations
10Type B citations
3Inspections
5 of 9Complaints substantiated
14 citations from 24 state visits since Feb 8, 2021 · 2 in the last 12 months · last inspected Jul 2, 2026

Every state visit

20222023202420252026INSPECTIONS (top) · REPORTS & INVESTIGATIONS (bottom)Sep 1, 2026 · Report/investigation · citation foundAug 26, 2026 · Report/investigation · no citationJul 2, 2026 · Inspection · no citationOct 7, 2025 · Report/investigation · citation foundDec 3, 2024 · Report/investigation · no citationNov 26, 2024 · Inspection · citation foundNov 5, 2024 · Report/investigation · no citationOct 24, 2024 · Report/investigation · citation foundMay 17, 2024 · Report/investigation · no citationApr 25, 2024 · Report/investigation · citation foundApr 18, 2024 · Report/investigation · citation foundApr 18, 2024 · Report/investigation · citation foundApr 12, 2024 · Report/investigation · citation foundFeb 21, 2024 · Report/investigation · no citationJan 17, 2024 · Report/investigation · no citationNov 30, 2023 · Report/investigation · citation foundNov 30, 2023 · Report/investigation · no citationSep 20, 2023 · Report/investigation · no citationMay 9, 2023 · Report/investigation · citation foundMay 9, 2023 · Report/investigation · no citationApr 4, 2023 · Report/investigation · citation foundMar 7, 2023 · Report/investigation · citation foundNov 2, 2022 · Inspection · citation foundJan 18, 2022 · Report/investigation · no citation
Citation issuedNo citationTop row: inspections · bottom row: complaint investigations and other visits

What inspectors cited most

Building & playground safety5
Health & medication3
Records & paperwork2
Supervision2
Background checks1
Training & qualifications1

Citations, newest first

Type BSep 1, 2026Complaint investigationRecords & paperwork
Sign-in and sign-out §101229.1(b)
Director will provide a written plan of correction
Plan of correction due Sep 18, 2026
Type BOct 7, 2025Complaint investigationBuilding & playground safety
Outdoor activity space §101238.2(d)(2)
Director to provide the Department with a plan to make the hazardous areas of the cement inaccessible from children in care. Facility will repair the areas by
Plan of correction due Oct 21, 2025
Type BNov 26, 2024InspectionBuilding & playground safety
Buildings and grounds §101238(g)
Based on LPA's Observation, cleaning solutions were in a lower cabinet, accessible to children in care. The licensee did not comply with the section cited above in 1 out of 9 classrooms which poses/posed a potential health, safety or personal rights risk to persons in care.
Plan of correction due Nov 26, 2024
Type BOct 24, 2024Complaint investigationSupervision
Care and supervision §101229(a)(1)
Director agreed to conduct supervision training, and to review section 101229(a)(1)- Responsibility for Providing Care and Supervision, and to submit a signed/dated copy of all preschool staff by
Plan of correction due Oct 31, 2024
Type BApr 25, 2024Follow-up on a plan of correctionHealth & medication
Health and Safety Code Section §1596.8595(c)
Site Supervisor stated that they will submit the copy of missing LIC 9224 (Acknowledgement of Receipt of Licensing Reports) for four children (C34,C#6,C#8 and C#9) by
Plan of correction due May 3, 2024
Type AApr 18, 2024Complaint investigationHealth & medication
Health and Safety Code Section §1596.8595(c)
Site Director will submit to LPA proof that LIC9224 Acknowledgment of Receipt of Licensing forms was provided to parents/guardians of each child enrolled by
Plan of correction due Apr 19, 2024
Type BApr 18, 2024Case management visit (other)Health & medication
Health and Safety Code Section §1596.8595(a)(1)
Based on observations, Notice of Site Visit and copy of licensing reports from 04/12/2024 were not posted in the facility which posed potential health, safety or personal rights risk to persons in care. 8 Site Director will submit statement of understanding of Posting of Licensing Report Requirements as per HSC1596.8595 by POC due date 04/19/23.
Plan of correction due Apr 19, 2024
Type AApr 12, 2024Case management visit (incident)Supervision
Care and supervision §101229(a)(1)
Supervision: The licensee shall provide care and supervision as necessary to meet the children's needs.(1)No child(ren) shall be left without the supervision of a teacher at any time... Supervision shall include visual observation. 1 Site Director stated that she is going to submit a written plan of correction by April 15, 2024 to the Department. Site Director stated that training to the staff will be conducted regarding supervision and safety of the children. This requirement was not met us evidenced by: Based on interview, a child (C1) was left alone unsupervised outside and was found in the parking lot on 04/11/2024. This poses an immediate risk to the health, safety and personal rights of children in care. 8
Plan of correction due Apr 15, 2024
Type BNov 30, 2023Complaint investigationBuilding & playground safety
Buildings and grounds §101238(a)(1)
Based on observation, interviews, and record reviews, Licensee did not comply with the section cited above. During investigation, it was discovered there had been sightings of rodents by the Farmhouse classrooms 7 & 8 during the month of September 2023, which posed a potential health, safety or personal rights risk to persons in care.
Plan of correction due Dec 8, 2023
Type AMay 9, 2023Case management visit (other)Background checks
Criminal record clearance §101170
Staff, Cynthia Cortes Alvarado was immediatley removed from the facility. Staff stated she will not return until she receives her full clearance. During review of staff associations during interviews it was found that staff Cynthia Alvarado Cortes was "In Process" and did not have full fingerprint clearance. This poses an imediate health and safety risk to children in care.
Plan of correction due May 9, 2023
Type AApr 4, 2023Case management visit (other)Building & playground safety
Buildings and grounds §101238(g)(1)
Cleaning products were removed, director to send proof of lock being fixed. During tour of facility at 2:54 it was observed in classroom 9B that facility did not ensure that cleaning products were locked and made inaccesible to children. This posed an immediate risk to children in care
Plan of correction due Apr 5, 2023
Type BMar 7, 2023Case management visit (lead testing/exceedance)Building & playground safety
Lead in drinking water §101700.3(b)(1)
Regional Director, Jamie Ferguson stated that they will remediate the exceedances and contact CRWA to retest. Jamie stated she will send documentation of remidation as well as retesting. This exceedance levels found in “C” bubbler and sink was 11 ppb and in bubbler and sink "E" was 10 ppb. This poses a potential risk to the Health, Safety, or Personal Rights of children in care.
Plan of correction due Apr 7, 2023
Type BNov 2, 2022InspectionTraining & qualifications
Mandated reporter training §1596.8662(b)(1)
Based on record review, the facility did not comply with the section cited above in 9 out of 10 staff files which poses a potential health, safety or personal rights risk to persons in care.
Plan of correction due Dec 2, 2022
Type BNov 2, 2022InspectionRecords & paperwork
Personnel records §101217(d)
Based on record review, the licensee did not comply with the section cited above in 9 out of 10 staff files were missing documentation of immunizations which poses a potential health, safety or personal rights risk to persons in care.
Plan of correction due Dec 2, 2022

Complaint investigations

SubstantiatedSep 1, 2026Complaint investigationreceived Aug 23, 2026
Substantiated allegation:
Facility is not following Sign in/out requirements.
1 citation issued during this investigation, listed under Citations.
SubstantiatedOct 7, 2025Complaint investigationreceived Sep 30, 2025
Substantiated allegation:
Licensee is not ensuring that day care children are provided a safe environment while in care.
1 citation issued during this investigation, listed under Citations.
SubstantiatedOct 24, 2024Complaint investigationreceived Sep 12, 2024
Substantiated allegation:
Day care children left unattended.
1 citation issued during this investigation, listed under Citations.
SubstantiatedApr 18, 2024Complaint investigationreceived Apr 12, 2024
Substantiated allegation:
Day care child wandered from the facility due to lack of staff supervision.
1 citation issued during this investigation, listed under Citations.
Not substantiatedJan 17, 2024Complaint investigationreceived Dec 14, 2023
The state did not substantiate this complaint, so its allegations are not shown.
SubstantiatedNov 30, 2023Complaint investigationreceived Sep 21, 2023
Substantiated allegation:
Facility has mice.
1 citation issued during this investigation, listed under Citations.
Not substantiatedNov 30, 2023Complaint investigationreceived Sep 21, 2023
The state did not substantiate this complaint, so its allegations are not shown.
Not substantiatedMay 9, 2023Complaint investigationreceived Apr 3, 2023
The state did not substantiate this complaint, so its allegations are not shown.
Not substantiatedJan 18, 2022Complaint investigationreceived Oct 28, 2021
The state did not substantiate this complaint, so its allegations are not shown.

About this center

Licensed capacity154 children
License typeChild care center (preschool)
License statusLicensed
Licensed sinceOct 5, 1992
LicenseeAction Day Nurseries, INC
AdministratorSmriti Datta
Phone(408) 266-8952
State facility #430701361

Common questions

Does Action Day Nursery take infants?

Not under this license, which covers preschool-age children.

Has Action Day Nursery had any serious violations?

California issued 4 Type A citations since 2021, its most serious category. The most recent was on Apr 18, 2024, for health and safety code section. Each citation is listed in full above.

Have there been complaints about Action Day Nursery?

California investigated 9 complaints since 2021 and substantiated 5. Allegations are shown only for substantiated complaints.

How does Action Day Nursery compare with other daycares in San Jose?

It is tied for #192 of 201 centers in San Jose by weighted citations per inspection, and has more citations per inspection than 98% of California licensed centers with enough inspection history to compare.

When was Action Day Nursery last inspected?

Jul 2, 2026. No citations were issued during that visit.

How much does Action Day Nursery cost?

California does not publish individual centers’ prices, so ask Action Day Nursery for its current tuition. For comparison, the median full-time price at licensed centers in Santa Clara County, which includes San Jose, was $1,599 a month for preschoolers (about $2,020 today) in the state’s 2021 Regional Market Rate Survey.

Who runs Action Day Nursery?

The licensee is Action Day Nurseries, INC, and the administrator listed with the state is Smriti Datta.

Licensed centers nearby

Citations are quoted from California Department of Social Services inspection and complaint reports. Type A citations are the state’s most serious category (an immediate risk to children’s health, safety or personal rights); Type B citations are a potential risk. A citation is a finding about one rule, not a judgment about a center overall. Complaint allegations appear here only when the state substantiated them.

To read the full state reports, search facility number 430701361 on the California Care Facility Search. Data refreshed Oct 2, 2026.