PEOPLE v. COLE

No. S121724.

44 Cal.Rptr.3d 261 (2006)

38 Cal.4th 964

135 P.3d 669

The PEOPLE, Plaintiff and Appellant, v. Jeffrey A. COLE et al., Defendants and Respondents.

Supreme Court of California.

June 12, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Andrea Lynn Hoch and James Humes, Chief Assistant Attorney General, Albert Norman Shelden, Acting Assistant Attorney General, Robert M. Foster, Susan A. Ruff, Linda K. Schneider, Sherry L. Ledakis, Antoinette Cincotta, Jennifer L. Weck and Diane de Kervor, Deputy Attorneys General, for Plaintiff and Appellant.

Catherine I. Hanson and Astrid G. Meghrigian, San Francisco, for California Medical Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Wilke, Fleury, Hoffelt, Gould & Birney, William A. Gould, Jr., Alan G. Perkins and Megan Lewis, Sacramento, for California Optometric Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Walkup, Melodia, Kelly & Echeverria and Matthew D. Davis, San Francisco, for Melvin Snow and Sabrina Hughes as Amici Curiae on behalf of Plaintiff and Appellant.

Robert E. Moss, Jr., Loomis, and Stuart Thompson, Rancho Cordova, for Vision Services Plan as Amicus Curiae on behalf of Plaintiff and Appellant.

Jones, Day, Reavis & Pogue, Jones Day, Thomas R. Malcolm, Richard J. Grabowski, Irvine, Daniel H. Bromberg, Washington, DC, Amar D. Sarwal, Dominick V. Freda and Elwood Lui, Los Angeles, for Defendants and Respondents.

Timothy J. Murris, Arlington, VA, and Robert Pitofsky, Washington, DC, as Amici Curiae on behalf of Defendants and Respondents.

Charles D. Conner for National Optometric Association as Amicus Curiae on behalf of Defendants and Respondents.

John T. Knox, San Francisco, as Amicus Curiae on behalf of Defendants and Appellants.

K & R Law Group, Peter Roan, Los Angeles, and James F. Novello, Sacramento, for California Association of Health Plans as Amicus Curiae on behalf of Defendants and Appellants.

Morrison & Foerster, Michael M. Carlson, Lori A. Schechter and Tiffany Cheung, San Francisco, for National Association of Optometrists and Opticians as Amicus Curiae on behalf of Defendants and Appellants.

No appearance for Defendants and Respondents.


CHIN, J.

Sections 655 and 2556 of the Business and Professions Code prohibit certain business and financial relationships between registered dispensing opticians and licensed optometrists. We granted review in this case to consider whether the Knox-Keene Health Care Service Plan Act of 1975 (Health & Saf.Code, § 1340 et seq.1) (Knox-Keene Act) creates an exemption to these prohibitions when a licensed specialized health care service...

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