Legal Opinion

Medical Board v. Superior Court

California Court of Appeal

Decided April 30, 2001No. C033351PublishedCited by 34 opinions

1Opinion of the Court

Opinion

KOLKEY, J.

This appeal requires us to decide whether Business and Professions Code section 2305 1 —a more specific statute—impliedly repeals section 141—a more general one that covers the same subject. Section 2305, the more specific statute, mandates disciplinary action against a medical licensee based on out-of-state discipline that “would have been grounds for discipline in California,” whereas section 141, the more general statute, permits state licensing boards to impose discipline based on “a disciplinary action taken by another state.” 2

The trial court concluded that a physician…

2Cases cited32 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  3. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  4. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  5. Chia-Lee Hsu v. AbbaraCalifornia Supreme Court · 1995

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3Cited by34 opinions

  1. United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
  2. Wilson & Wilson v. City CouncilCalifornia Court of Appeal · 2011
  3. Pacific Lumber Co. v. State Water Resources Control BoardCalifornia Supreme Court · 2006
  4. McHugh v. Protective Life Ins. Co.California Supreme Court · 2021
  5. American Indian Model Schools v. Oakland Unified School DistrictCalifornia Court of Appeal · 2014

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