Potts

MEMORANDUM **

Defendants-Appellants Charlene Zettel et al. (“CDB”) appeal the district court’s summary judgment in favor of PlaintiffsAppellees Michael Potts and the American Academy of Implant Dentistry (“Potts”) in Potts’s challenge to the constitutionality of California Business & Professional Code § 651(h)(5)(A), which regulates the advertisement by dentists of membership and specialty in or credentials received from a national specialty board that is not recognized by the American Dental Association (“ADA”). Potts v. Hamilton, 334 F.Supp.2d 1206 (E.D.Cal.2004). Potts, who holds credentials from two non-ADA recognized boards, sought declaratory and injunctive relief, arguing that section 651(h)(5)(A) unconstitutionally restricts commercial speech. After discovery and disclosure of expert witnesses, Potts and CDB filed cross-motions for summary judgment. The district court granted summary judgment for Potts, declared section 651(h)(5)(A) unconstitutional, and enjoined CDB from enforcing it.

Although he does not challenge the judgment, Potts renews two arguments that he raised below to CDB’s defense of the constitutionality of section 651(h)(5)(A). First, Potts argues that the…