Bleeck
Bleeck v. State Board of Optometry
Opinion
Opinion
Herndon, J.
Appellants are the State Board of Optometry, generally referred to herein as the “Board,” its individual members and its executive secretary. Respondent is an optometrist duly licensed to practice his profession in the State of California. On and prior to October 1, 1959, respondent was licensed to operate some 36 branch offices.
Statement of the Case
The judgment from which this appeal is taken orders the issuance of a writ of mandate by the terms of which- the Board is directed within the time specified therein to transfer each of 29 “inactive” branch office licenses for the practice of optometry from their former locations to such other location or locations within the State of California as respondent may from time to time designate in writing to the Board.
Appellants’ primary assignment of error is that the trial court erroneously applied the doctrines of res judicata and collateral estoppel in holding that the final judgment in favor of respondent in a prior action constituted such an adjudication of the issues tendered in the instant action as tb bar the introduction of any evidence offered by appellants to prove that respondent had abandoned the branch offices…