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CITY OF SAN JOSE v. DEPARTMENT OF HEALTH

No. H016744.

77 Cal.Rptr.2d 609 (1998)

66 Cal.App.4th 35

CITY OF SAN JOSE, Plaintiff and Respondent, v. DEPARTMENT OF HEALTH SERVICES et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

Review Denied November 18, 1998.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General, Charlton G. Holland, III, Senior Assistant Attorney General, Stephanie Wald and Carol Slatin Doyle, Deputy Attorneys General, for Defendants and Appellants.

Joan R. Gallo, San Jose City Attorney, George Rios, Assistant City Attorney, Glenn D. Schwarzbach, Deputy City Attorney, for Plaintiff and Respondent.

PREMO, Acting Presiding Justice.

Plaintiff City of San Jose (hereafter, City) filed this action for declaratory and injunctive relief against defendants Department of Health Services (hereafter, Department), and Department's director S. Kimberly Belshe, seeking a declaration that no provision of state law preempted enforcement by City of its smoking ordinance at Westgate Convalescent Center (hereafter, Westgate), a...

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