Warrack Med. Ctr. Hosp. v. State Bd. of Pharmacy

This is an appeal from a peremptory writ of mandate which, in effect, ordered the defendant to issue to plaintiff a permit to operate and conduct a hospital pharmacy in the Warrack Hospital in Santa Bosa, California.

On or about June 29, 1965, Warrack Medical Center Hospital, a corporation (sometimes hereafter referred to as War-rack) filed a petition for a writ of mandate in Los Angeles County requesting that the State Board of Pharmacy (sometimes hereafter referred to as Board) be ordered to grant it a permit to conduct a pharmacy. The Board filed its answer and a hearing was held. The facts are undisputed and are as set *119 forth in the findings of the court and with the conclusions of law are, in part, as follows:

“From the foregoing facts, the Court makes the following Conclusions of Law:

*122 The question is does section 4080.5, Business and Professions Code, 1 compel the Board to deny a pharmacy permit to a corporation the stock of which is owned by licensees doctors of medicine.

Appellant justifies its denial of a nharmacy permit under the theory that the Board “shall not issue any new permit to conduct a pharmacy to a -person who is licensed under Chapter 5 ...” At…