Merrill

Petitioner appeals from a judgment entered upon the sustaining of respondent’s general demurrer to its petition for writ of mandate. Petitioner is a nonprofit corporation. Respondent is the Director of Public Health, ex-officio member of the State Board of Public Health, and the executive officer of the State Department of Public Health.

On October 26, 1959, petitioner caused to be filed with respondent a verified complaint charging the College of Medical Evangelists, a nonprofit educational corporation, with violations of certain provisions of the California Administrative Code pertaining to the care and treatment of laboratory-animals.

The complaint is attached to the petition and is made a part thereof. It recites that the college maintains a laboratory and that animals are kept there and used for diagnostic and research purposes; that a certificate of approval permitting such use had been issued to the college under the provisions of section 1667 of the Health and Safety Code and rules prescribed by the Board of Public Health; it then alleges purported instances of mistreatment of dogs used by the laboratory and requests that the board permanently revoke the certificate of…