Kelley

On July 7, 1976, the District Attorney of Fresno County, acting for the People of the State of California and the Board of Dental Examiners of the State of California (respondents), filed complaints for civil penalties, injunction, and other equitable relief against appellants. The action was brought under the California Dental Practice Act to enjoin appellants from engaging in the practice of dentistry without a license. (See Bus. & Prof. Code, §§ 1703, 17535, and Civ. Code, § 3369, subd. 5.)

Appellants are dental laboratory technicians who have been engaged for a number of years in the practice of constructing, making, altering and repairing bridges and dental prosthetics for licensed dentists.

In the spring of 1976 appellants commenced to hold out to the public that they would construct and sell bridges, dentures and other orthodontic and prosthetic devices directly to members of the public. Appellants openly advised local dentists in the Fresno area of their involvement in the “denturist movement” and that they were “going public.” Appellants placed numerous newspaper ads offering to perform work directly for the public.

Thereafter, appellants conducted oral…