# Cohen v. Board of Supervisors

> California Supreme Court · October 31, 1985 · 40 Cal. 3d 277

URL: https://www.frixlaw.com/law-library/cases/9847271

## Case

- **Full name:** BRUCE COHEN Et Al., Plaintiffs and Appellants, v. BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO Et Al., Defendants and Respondents
- **Court:** California Supreme Court
- **Decided:** October 31, 1985
- **Citations:** 40 Cal. 3d 277; 219 Cal. Rptr. 467; 707 P.2d 840; 1985 Cal. LEXIS 406
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mosk
- **Judges:** Bird, Mosk
- **Cited by:** 133 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/9847271

## Opinion text

MOSK, J., Concurring and Dissenting.
concur generally in the majority I opinion, but I dissent from its order of retransfer to the Court of Appeal.
While it might have been preferable to have all the issues ventilated in the prior proceedings in the Court of Appeal, the entire matter is before us now. In the interest of judicial economy, and to spare the litigants unnecessary time and expense, we should render a definitive judgment and thus finally terminate this case.
The ordinance was adopted in 1981 and this lawsuit was filed in the same year. After four years the parties are entitled to a final judgment rather than
*305 a mere temporizing order that will require additional proceedings in the Court of Appeal and perhaps another petition for review in this court.
Appellants’ petition for a rehearing was denied November 27, 1985. Grodin, J., did not participate therein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9847271. Public record. Not legal advice.