Legal Opinion

Matossian v. Fahmie

California Court of Appeal

Decided January 17, 1980No. Civ. 44033PublishedCited by 20 opinions

1Opinion of the Court

Opinion

ELKINGTON, J.

The question of this appeal is whether holders of licenses to purvey alcoholic beverages have a right, in combination, to protest the granting, or transfer, of a similar license for the sole purpose of preventing or limiting competition. We conclude they have such a right of protest and affirm the judgment of the superior court. Our reasons follow.

California’s Constitution, article XX, section 22, provides that such purveyors of alcoholic beverages shall be licensed by the Department of Alcoholic Beverage Control (Department). Such a license will be allowed only when not…

2Cases cited24 opinions

  1. Shapiro v. ThompsonSupreme Court of the United States · 1969
  2. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  3. Thornhill v. AlabamaSupreme Court of the United States · 1940
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. United Mine Workers v. PenningtonSupreme Court of the United States · 1965

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3Cited by20 opinions

  1. Pacific Gas & Electric Co. v. Bear Stearns & Co.California Supreme Court · 1990
  2. Wilcox v. Superior CourtCalifornia Court of Appeal · 1994
  3. Church of Scientology v. WollersheimCalifornia Court of Appeal · 1996
  4. City of Long Beach v. BozekCalifornia Supreme Court · 1982
  5. Dixon v. Superior CourtCalifornia Court of Appeal · 1994

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