# Sparks v. Board of Dental Examiners

> California Court of Appeal · March 15, 1938 · 25 Cal. App. 2d 341

URL: https://www.frixlaw.com/law-library/cases/5652944

## Case

- **Full name:** P. A. SPARKS v. THE BOARD OF DENTAL EXAMINERS
- **Court:** California Court of Appeal
- **Decided:** March 15, 1938
- **Citations:** 25 Cal. App. 2d 341; 77 P.2d 233; 1938 Cal. App. LEXIS 818
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barnard
- **Judges:** Barnard
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5652944

## Opinion text

BARNARD, P. J.
The petitioner sought and obtained a writ of review in an effort to annul an order of the respondent board suspending his license to practice dentistry for a period of five years. After a hearing the trial court entered a judgment affirming the order of the respondent board, from which judgment this appeal was taken.
The respondent has moved to dismiss this appeal upon the ground that the writ of certiorari will not lie to review the action of this board in revoking or suspending the license of a dental practitioner for the reason that in so suspending or revoking a license to practice dentistry that board is exercising discretionary administrative functions and is not exercising judicial powers.
Under certain recent decisions we feel compelled to grant this motion to dismiss. (Standard Oil Co. v. State Board of Equalization, 6 Cal. (2d) 557 [ 59 Pac. (2d) 119 ] ; Whitten v. California State Board of Optometry, 8 Cal. (2d) 444 *342 [ 65 Pac. (2d) 1296 ] ; Jacobs v. Board of Dental Examiners, 24 Cal. App. (2d) 359 [ 75 Pac. (2d) 96 ]; MacCracken v. Board of Medical Examiners, 24 Cal. App. (2d) 58 [74 Pac. (2d) 289]; O’Donnell v. Board of Medical Examiners, 22 Cal. App. (2d) 80 [ 70 Pac. (2d) 246 ] ; Hartman v. Board of Chiropractic Examiners, 20 Cal. App. (2d) 76 [ 66 Pac. (2d) 705 ].)
The appeal is dismissed.
Marks, J., and Jennings, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5652944. Public record. Not legal advice.