Szabo

Szabo v. Board of Osteopathic Examiners

Good Law
129 Cal. App. 3d 958·181 Cal. Rptr. 473·1982 Cal. App. LEXIS 1388
Court of Appeal of CaliforniaMarch 22, 1982Civ. No. 59519California2,806 words

Opinion

Lead Opinion

Files, J.

This is an action for a declaration of rights with respect to the application of a regulation of the Board of Osteopathic Examiners providing that all applicants for licenses must have graduated from a school approved by the board. Both the plaintiff and the defendant board moved for a summary judgment. The trial court granted the board’s motion, denied the plaintiff’s motion and entered a judgment declaring that the defendant board was “entitled to judgment as a matter of law.” Plaintiff has appealed from that judgment.

*962 Since the record on appeal is a potpourri of procedural oddities, we begin with a listing of events.

On February 19, 1976, plaintiff filed his unverified “amended complaint for declaratory relief.” The record does not contain any other pleading on behalf of plaintiff in this action.

On or about March 3, 1978, the defendant board filed a general denial to the complaint and added seven “affirmative defenses.”

On October 29, 1979, plaintiff filed a motion for summary judgment. The motion was accompanied by a declaration of plaintiff stating his professional qualifications as follows: “At all times relevant herein I was approved and authorized by the…

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