Legal Opinion
BKHN, INC. v. Department of Health Services
California Court of Appeal
Decided January 6, 1992No. H008473PublishedCited by 9 opinions
1Opinion of the Court
Opinion
AGLIANO, P. J.
Plaintiff BKHN, Inc., filed this action for declaratory relief to challenge demands made against it by respondent Department of Health Services (DHS) for payment of environmental cleanup costs related to mercury contamination in Almadén Quicksilver County Park. The trial court entered a judgment of dismissal after sustaining the demurrer of DHS without leave to amend against BKHN’s first amended complaint. The court concluded that “a ‘declaration or determination is not necessary or proper at the time under all the circumstances.’ CCP Section 1061.” Plaintiff appeals. We…
2Cases cited10 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Selby Realty Co. v. City of San BuenaventuraCalifornia Supreme Court · 1973
- Pacific Legal Foundation v. California Coastal CommissionCalifornia Supreme Court · 1982
- Columbia Pictures Corp. v. DeTothCalifornia Supreme Court · 1945
- Storch v. SilvermanCalifornia Court of Appeal · 1986
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3Cited by9 opinions
- Application Group, Inc. v. Hunter Group, Inc.California Court of Appeal · 1998
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- Baxter Healthcare Corp. v. DentonCalifornia Court of Appeal · 2004
- Osseous Technologies of America, Inc. v. DiscoveryOrtho Partners LLCCalifornia Court of Appeal · 2010
- Latona v. Aetna U.S. Healthcare Inc.District Court, C.D. California · 1999
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