Board of Dental Examiners v. Jameson

SHENK, J.

The Board of Dental Examiners brought an action in the Superior Court in and for Los Angeles County to enjoin the defendant from engaging in acts alleged to constitute the practice of dentistry. The trial court issued an injunction, and the defendant is prosecuting an appeal from the judgment ordering the same. By the present proceeding he seeks the writ of supersedeas to stay the enforcement of the judgment pending appeal.

The petition shows the following:

The defendant is not licensed to practice dentistry. He operates the E. K. Jameson Dental Laboratories and is skilled in the manufacture of dental bridges, dentures and plates, a business in which he has been engaged for a long period of time. It was stipulated that he published the following advertisement;

[690]

“Perfect

DENTAL PLATES Are NOT Expensive If You Arrange to Deal with Manufacturing Dental Laboratory.

This is not a dental office, but a laboratory. Our entire facilities are devoted to the building of fine plates which you may arrange to purchase at our low laboratory rates.

Plates Repaired and Rebuilt E. K. JAMESON DENTAL LABORATORIES 4157 W. 5th St., at Western PHONE EXpstn 1000”

It was also stipulated that in the manufacture of dental bridges, dentures and plates, the defendant accepted work only directly from, or accompanied by written authorization of, a licensed dentist.

The trial court granted the injunction apparently on the theory that the alleged act of advertising was an act in the practice of dentistry, and enjoined the defendant from “carrying on or conducting in the State of California the practice of dentistry, as defined in the Dental Practice Act.” The defendant’s application to that court for a stay of execution pending appeal was denied.

The question whether the publication of the advertisement constituted an act in the practice of dentistry is not involved in this proceeding. That is a question to be determined on the consideration of the merits of the appeal.