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Benitez v. North Coast Women's Care Medical Group3/4/2003
ine to perform certain medical procedures, the facts are insufficiently developed to show whether these views influenced respondents to refuse to perform the procedures for all persons or for only certain classes of persons. We decline to issue an advisory opinion on hypothetical facts (People v. Slayton, supra, 26 Cal.4th 1076, 1084), particularly when it is possible the issue will be resolved on non-constitutional grounds. (Cf. Ferguson v. Keays (1971) 4 Cal.3d 649, 656, fn. 6.)
DISPOSITION
The judgment is reversed. The trial court is directed to enter an order overruling respondents' demurrer to the complaint. Benitez shall recover costs on appeal.
WE CONCUR:
HUFFMAN, Acting P. J.
McINTYRE, J.
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