|
ALPHABETICAL
INDEX
(From Joint
Appendix)
TO THE
TRIAL COURT RECORD FILED WITH APPELLATE COURT
NOTES:
1) Several chiropractic organizations filed letters with
the Supreme Court supporting
the Tain petition for review with that Court. So too
did several non-chiropractic persons and/or organizations.
Three of the letters from non-chiropractors may be reviewed on this
site:
a) The Institute of Noetic Sciences (Marilyn Schlitz, Ph.D. -
Director of Research):
b) Nature's Own Research Association (James
L. Oschman, Ph.D.; and
c) Former President of Arizona Board of
Homeopathic Examiners
(Bruce H. Shelton,
MD, MD(h), DiHOM)
2) The plaintiffs named the California Acupuncture Board (CAB) as a
defendant in their action and in their Fourth Cause of Action sought
a judicial declaration that to allow MD's, DO's, podiatrists and
dentists to use acupuncture needles but not chiropractors is
invalid. (Various grounds for this conclusion were raised and
may be reviewed from the
complaint itself.) The trial court
rejected the plaintiffs' position and the plaintiffs DID NOT include the
CAB in their appeal. However, certain documents filed by the
CAB are included in the following record because the deputy attorney
general representing the BCE specifically incorporated arguments
(the included documents) made by the CAB into the arguments
presented by the BCE.
3) Link to the
cited documents by clicking on the page number or text as indicated.
Appeal -
Procedural Documents
Document Title and
Description (Alphabetized)
Page No.
Notice of Appeal
1
Notice of Intention to Proceed without Reporter's Transcript
4
Trial Court Judgment
6
Pleading
Documents
State Board of
Chiropractic Examiner's (hereafter BCE) Answer to Plaintiff's
Second Amended Complaint (hereafter complaint)
216
Plaintiff's Second Amended
Complaint
(Complaint
& Ballot - load slowly.
You may want to right click on link(s) and then use Target Save As to
download
them
to your computer and open them there.)
15
Exhibit A -
1922 Ballot Measure (Chiropractic Act)
Exhibit B -
BCE Rule 302
Exhibit C-1 -
1948 Amendment to
Chiropractic Act
Exhibit C-2 -
1970 Amendment to
Chiropractic Act
Exhibit C-3 -
1976 Amendment to
Chiropractic Act
Exhibit C-4 -
1978 Amendment to
Chiropractic Act
Demurrer Documents
Documents Submitted
by the California Acupuncture Board (hereafter CAB)
(These documents were incorporated into BCE's arguments in Trial
Court):
Acupuncture Board's
Points and Authorities in Support of
Demurrers to Plaintiffs' Complaint
122
CAB's Closing Points and Authorities in Support of Demurrers to
Plaintiffs' Complaint
205
Documents Submitted
by the BCE:
BCE's Demurrers to
Plaintiffs' Complaint
92
BCE's Points and Authorities in Support of Demurrers to Plaintiff's
Complaint
96
BCE's Reply to Plaintiffs' Opposition to its Demurrers
193
Documents Submitted
by Plaintiffs:
Plaintiffs' Points and
Authorities in Opposition to CAB's General Demurrers
175
Plaintiffs' Points and Authorities in Opposition to BCE's General
Demurrers
145
Judges Ruling Denying Demurrers:
"Denial" of BCE and CAB Demurrers and Requests
for Judicial
Notice, and granting Pro Hac Vice application
215
Motion for
Summary Judgment/Adjudication Documents
(Except Requests for Judicial Notice)
Documents Submitted
by the California Acupuncture Board (CAB)
(These documents were incorporated into BCE's arguments in Trial
Court):
CAB's Points and
Authorities in Support of Motion Summary
Judgment/Adjudication
318
Documents Submitted
by the BCE:
BCE's Notice of Motion
for Summary Judgment/Adjudication and Separate
Statement of Undisputed Material Facts
240
BCE's Points and Authorities in Support of Motion for Summary
J./Adjudication
254
BCE's Reply Memorandum in Support of Motion for Summary
J./Adjudication
540
BCE's Response to Plaintiffs' Request for Judicial Notice
501
BCE's Response to Plaintiffs' Separate Statement of Disputed and
Undisputed Facts
533
Declaration of Jeanine Smith in Support of BCE's Motion for Summary
J./
Adjudication
283
Documents Submitted
by Plaintiffs:
Plaintiffs' Points and
Authorities in Opposition to the CAB's Motion for
Summary J./Adjudication
504
Plaintiffs' Points and Authorities in Opposition to the BCE's Motion
for
Summary J./Adjudication
360
Plaintiffs' Response to BCE's Separate Statement of Disputed
and
Undisputed Facts
351
Requests for
Judicial Notice in Support and in Opposition to
Motions for Summary Judgment/Adjudication
BCE's Request for
Judicial Notice in Support of Motion for
Summary J./Adjudication
288
Exhibit B: Certificate of Licensure of
Lawrence Tain, D.C.
294
Exhibit C: Certificate of Licensure of
Robert F. Bitters, D.C.
296
Exhibit D: Certificate of Licensure of
Lori Prescott, D.C.
298
Exhibit E: Certificate of Licensure of Don
N. Nielsen, D.C.
300
Exhibit F: Certificate of Licensure of
Stephanie Wattenberg, D.C.
302
Exhibit G: Title 16, California Code of
Regulation section 330, et seq.
304
Exhibit H: Title 16, California Code of
Regulation section 340, et seq.
312
Plaintiffs' Request
for Judicial Notice in Support of Opposition to BCE's
Motion for Summary J./Adjudication - Volume I (1 of 3)
389
(Exhibits B, C, F and the various MPA's in
Exhibit H - load slowly.
You may want to right click on link(s) and then use Target Save As
to
download
them
to your computer and open them there.)
Exhibit A: Declaration of David Prescott in Support of
Admission of
Exhibits listed below
393
Exhibit B: "ENGROSSED STATEMENT ON APPEAL"
in the case of
People v. Fowler (1938) 32 Cal.App.2d (Supp) 121
397
Exhibit C: "PRE-TRIAL ORDER & JOINT
PRE-TRIAL STATEMENT"
from the trial court record in the case of
Crees v. Bd. of Medical Examiners (1963) 213 Cal.App.2d 195
425
Exhibit D: "Medical Board of California -
Affiliated Healing Art":
definitions of education and training for "medical assistants"
444
Exhibit F: 1922 Ballot Initiative Measure
16, Chiropractic Act
(slightly enlarged for legibility purposes)
450
Exhibit G: Register 54, No. 10 - 5-8-54,
Rule 302 (1954 version)
460
Exhibit H:
1913 Medical Practice Act (MPA
- cropped to speed loading),
1907 MPA (with
1909 amendment thereto),
1901 Osteopathic Act, and the
1876 MPA 463
Miscellaneous
Documents
Case Management
Statement filed Jointly by the BCE and CAB
345
Dismissal with Prejudice - as to only the Third Cause of Action to
the
Plaintiffs' Complaint as to the Council on Chiropractic Education
572
Stipulated Settlement between plaintiffs and defendant Council on
Chiropractic Education
546
Stipulation RE Contents of Joint Appendix
574 |
