Legal Opinion
City of San Jose v. Dep't of Health Servs.
California Court of Appeal
Decided August 18, 1998No. H016744PublishedCited by 7 opinions
1Opinion of the Court
Opinion
PREMO, Acting P.J.—
Plaintiff City of San Jose (hereafter, City) filed this action for declaratory and injunctive relief against defendants Department of Health Services (hereafter, Department), and Department’s director, S. Kimberly Belshé, seeking a declaration that no provision of state law preempted enforcement by City of its smoking ordinance at Westgate Convalescent Center (hereafter, Westgate), a long-term health care facility located in San Jose, and at all long-term health care facilities licensed by Department.
Because the dispute involved only the legal issue of preemption and…
2Cases cited8 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Birkenfeld v. City of BerkeleyCalifornia Supreme Court · 1976
- AARTS Productions, Inc. v. Crocker National BankCalifornia Court of Appeal · 1986
- Elsworth v. Beech Aircraft Corp.California Supreme Court · 1984
- County of Los Angeles v. State Department of Public HealthCalifornia Court of Appeal · 1958
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3Cited by7 opinions
- Transworld Systems, Inc. v. County of SonomaCalifornia Court of Appeal · 2000
- California Teachers Ass'n v. California Commission on Teacher CredentialingCalifornia Court of Appeal · 2003
- Brutoco Engineering & Construction, Inc. v. Superior CourtCalifornia Court of Appeal · 2003
- Mineral Associations Coalition v. State Mining & Geology BoardCalifornia Court of Appeal · 2006
- (2002), Maryland Attorney General Reports2002
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