Painless Parker v. Board of Dental Exam.

This appeal is taken from a judgment entered by the Superior Court of the City and County of San Francisco in a certiorari proceeding wherein said superior court affirmed the order or judgment rendered by the Board of Dental Examiners of this state on December 7, 1929, upon original proceedings taken and had by said Board of Dental Examiners, suspending the license of said petitioner, Painless Parker, theretofore issued to him by said board, for a period of five years, commencing January 2, 1930. The matter is before us on an order transferring the cause to this court after decision by the District Court of Appeal, reversing the judgment of said superior court. The provisions of the act regulating the practice of dentistry (Leering’s Gen. Laws of California, 1931, title 157, Act No. 2048) which bear upon the questions presented are found in section 11 of said act, and are as follows:

One of the penalties prescribed for the commission of the acts charged against the petitioner and appellant herein is the revocation or suspension of his license to practice dentistry in this state. Section 12 enumerates certain violations of the act which are punishable as misdemeanors, and certain…

I dissent and adopt the opinion of the District Court of Appeal, First Appellate District, Division Two, as an expression of my views. The opinion of that court written by Mr. Presiding Justice Nourse is as follows:

The judgment should be reversed, with instructions to the trial court to enter its order annulling the order under review.

Rehearing denied.

Langdon, J., and Tyler, J., pro tem., dissented.