Legal Opinion

Board of Osteopathic Examiners v. Board of Medical Examiners

California Court of Appeal

Decided November 18, 1975No. Civ. 14902PublishedCited by 9 opinions

1Opinion of the Court

Opinion

PARAS, J.

The state Board of Medical Examiners appeals from a summary judgment of the Sacramento Superior Court finding a 1973 statute null and void, and enjoining the board from licensing any person to practice medicine pursuant to said statute.

The statute in question (Stats. 1973, ch. 1132, p. 2316) has not been codified. For convenience, we shall refer to it by its Senate Bill number, “SB 1358.” It was signed by the Governor on October 2, 1973, and became effective January 1, 1974. The issue on appeal is whether the Legislature had the power to enact it.

A brief historical review,…

2Cases cited13 opinions

  1. D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
  2. People v. BarksdaleCalifornia Supreme Court · 1972
  3. Ex parte LiddellCalifornia Supreme Court · 1892
  4. Hale v. McGettiganCalifornia Supreme Court · 1896
  5. County of Los Angeles v. HurlbutCalifornia Court of Appeal · 1941

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Proposition 103 Enforcement Project v. QuackenbushCalifornia Court of Appeal · 1998
  2. Gardner v. SchwarzeneggerCalifornia Court of Appeal · 2009
  3. Lewis v. City of HaywardCalifornia Court of Appeal · 1986
  4. Brandwein v. California Board of Osteopathic ExaminersCourt of Appeals for the Ninth Circuit · 1983
  5. California Medical Assn. v. LacknerCalifornia Court of Appeal · 1981

4 more not listed; retrieve them via the Exa API.

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