Memorial Hospital v. State Health Planning Council

Plaintiffs 1 appeal from a judgment (order) of dismissal (Code Civ. Proc., § 581, subd. 3) entered upon an order sustaining without leave to amend general demurrers interposed by defendants, State Health Planning Council and Robert L. Jackson, its executive secretary, and the real parties in interest 2 to plaintiffs’ petition seeking a writ of mandate to compel defendant State Health Planning Council to poll its members pursuant to Health and Safety Code section 438.3, paragraph 3, relative to a petition for a hearing assertedly pending before it in which plaintiffs are beneficially interested.

The real parties in interest have also moved in this court to dismiss the foregoing appeal because of plaintiffs’ failure to post a five million dollar bond pursuant to an order of the superior court (made on April 18, 1972) (exhibit B to- motion) granting the “motion of real parties in interest to require undertaking to stay execution of judgment.”

In course of oral argument counsel for the real parties in interest indicated a greater interest in a determination of the merits of the appeal than the motion to dismiss the appeal; accordingly we first consider the issues raised by…