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AQUAFARM v. STATE DEPT. OF HEALTH SERVICES

No. D033817.

100 Cal.Rptr.2d 87 (2000)

83 Cal.App.4th 809

CARLSBAD AQUAFARM, INC., Plaintiff and Respondent, v. STATE DEPARTMENT OF HEALTH SERVICES, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied October 3, 2000.

Review Denied November 29, 2000.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Pam Smith-Steward, Chief Assistant Attorney General, Margaret A. Rodda, Senior Assistant Attorney General, Kristin G. Hogue, Supervising Deputy Attorney General and William A. Buess, Deputy Attorney General, for Defendant and Appellant.

Law Offices of Jeffrey S. Young, Jeffrey S. Young, Santa Barbara, and Thomas Daniel Piatt for Plaintiff and Respondent.

HALLER, J.

Carlsbad Aquafarm, Inc. (Aquafarm) sued the State Department of Health Services (Department), alleging Department violated Aquafarm's due process rights by refusing to provide notice or a hearing before it failed to recertify Aquafarm to a list of approved interstate shellfish sellers. The jury found Aquafarm proved the due process violation, and awarded it damages of $290,000. Department appeals, asserting an argument it repeatedly made below: Aquafarm...

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