California Chiropractic Ass'n v. Human Relations Agency

Good Law
154 Cal. Rptr. 255·1979 Cal. App. LEXIS 1561·91 Cal. App. 3d 141·8 A.L.R. 4th 1043
Court of Appeal of CaliforniaMarch 28, 1979Civ. No. 17624California3,988 words

Opinion

Lead Opinion

Janes, J.

Plaintiff, the California Chiropractic Association, appeals from summary judgment entered in favor of defendants in its action seeking declaratory and injunctive relief against defendants with respect to the administration of the Medi-Cal program. Plaintiff alleged that certain provisions of the Medi-Cal program, either as written or in their application, discriminated against plaintiff in a manner constituting a denial of equal protection. Defendants’ motion for summary judgment was grounded, in some instances, on the amendment or repeal of the statutes complained of; in other instances on the presence of rational bases for discriminatory classifications existing in the challenged statutes.

This action was initiated by plaintiff on August 1, 1973, when it filed its complaint as representative of the class of duly licensed and qualified doctors of chiropractic in the state. An amended complaint was filed January 2, 1974, after defendants’ demurrer to all causes of action in the first complaint had apparently been sustained. Defendants’ demurrer to the first amended complaint was overruled and on May 6, 1974, defendants filed their answer.

The action remained dormant for…

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