Legal Opinion
Capen v. Shewry
California Court of Appeal
Decided September 19, 2007No. C047172PublishedCited by 16 opinions
1Opinion of the Court
Opinion
BLEASE, Acting P. J.
Plaintiff, Dr. Daniel A. Capen, a licensed physician, is building a surgical clinic that he will wholly own and operate, in which nonowner, nonlessee physicians will practice. He was informed by the former state Department of Health Services (Department) that a license for the clinic was required because it would be used by physicians who do not share in its ownership and operation, in violation of Health and Safety Code section 1204, subdivision (b)(1).
Section 1204, subdivision (b)(1), defines the surgical clinics subject to licensing by the Department. It includes…
2Cases cited8 opinions
- Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
- Tidewater Marine Western, Inc. v. BradshawCalifornia Supreme Court · 1996
- Dore v. Arnold Worldwide, Inc.California Supreme Court · 2006
- People v. ColeCalifornia Supreme Court · 2006
- Sara M. v. Superior CourtCalifornia Supreme Court · 2005
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Saldate v. Wilshire Credit Corp.District Court, E.D. California · 2010
- California Correctional Peace Officers Assn. v. SchwarzeneggerCalifornia Court of Appeal · 2008
- County of Butte v. EMERGENCY MEDICAL SERVICES AUTHORITYCalifornia Court of Appeal · 2010
- Missionary Guadalupanas of the Holy Spirit Inc. v. Rouillard, California Court of Appeal, 5th District2019
- California Grocers Ass'n v. Department of Alcoholic Beverage ControlCalifornia Court of Appeal · 2013
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