CAPEN v. SANDRA SHEWRY
Filed
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF
THIRD APPELLATE DISTRICT
(Sacramento)
DANIEL A. CAPEN, Plaintiff and Respondent, v. SANDRA SHEWRY, as Director, etc., et al., Defendants and Appellants. | C047172 (Super. Ct. No. 02AS05700) |
APPEAL from a judgment of the Superior Court of Sacramento County, Shelleyanne W. L. Chang, Judge. Reversed in part and affirmed in part.
Bill Lockyer, Attorney General, Thomas R. Yanger, Teresa Stinson, Assistant Attorney Generals, Frank S. Furtek, Margarita Altamirano, Supervising Deputy Attorney Generals, Roy S. Liebman, Deputy Attorney General, for Defendants and Appellants.
Greenberg Traurig, Livingston & Mattesich Law Corporation, Gene Livingston, Kathryn Doi, Daniel M. Fuchs, Terry German; Katten Muchin Rosenman, Katten Muchin Zavis Rosenman, Laurence G. Solov, for Plaintiff and Respondent.
The plaintiff, Dr. Daniel Capen, a licensed physician, is building a surgical clinic that he will wholly own and operate, in which non-owner, non-lessee, physicians will practice. He was informed by the Department of Health Services (Department) that a license for the clinic was required because it would be used by physicians who do not share in its ownership or operation in violation of Health and Safety Code section 1204, subdivision (b)(1), and does not come within the exemption of Health and Safety Code section 1206, subdivision (a).)[1]
Section 1204, subdivision (b)(1) defines a surgical clinic subject to licensing as a â€
