237 Cal. App. 4th 221
Cal. Ct. App.2015Background
- In March 1995, the Board revoked Sela, M.D.'s license for sexual abuse and misconduct during gynecological exams.
- In January 2000, the Board denied Sela's first petition for reinstatement.
- In February 2006, the Board reinstated Sela on probation for 10 years with conditions, including revocation and stay of the license.
- In November 2010, Sela petitioned for penalty relief and early termination of probation under Bus. & Prof. Code §§ 2221(b), 2307.
- In January 2012, the Board denied the petition for penalty relief, adopting the ALJ's decision.
- In February 2012, Sela petitioned for writ of administrative mandate in superior court; the court denied the petition in December 2013, and Sela appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2337 governs appellate review here | Sela argues § 2337 does not apply since Board denial did not revoke/suspend license. | Board/Sela contend § 2337 governs any Board disciplinary decision affecting license status. | § 2337 governs appellate review; appeal is not appealable. |
| Whether the proper remedy is direct appeal or extraordinary writ | If § 2337 applies, appeal should be treated as an extraordinary writ petition. | No, review must proceed under the expedited writ framework when § 2337 applies. | Appellate review is controlled by § 2337; the judgment is not appealable. |
Key Cases Cited
- Landau v. Superior Court, 81 Cal.App.4th 191 (1998) (expedited writ review for Board disciplinary decisions; 2337 context)
- Leone v. Medical Board, 22 Cal.4th 660 (2000) (legislative power to require extraordinary writ review for medical license actions)
- Olson v. Cory, 35 Cal.3d 390 (1983) (jurisdictional concerns in appellate review)
- Zabetian v. Medical Board, 80 Cal.App.4th 462 (2000) (treatment of unauthorized appeals as extraordinary writs in unusual circumstances)
- Arnett v. Dal Cielo, 14 Cal.4th 4 (1996) (Board disciplinary process and available sanctions)
- Powers v. City of Richmond, 10 Cal.4th 85 (1995) (statutory interpretation and expedited review considerations)
- Hollywood Park Land Co., LLC v. Golden State Transportation Financing Corp., 178 Cal.App.4th 924 (2009) (statutory construction and harmony of provisions)
- Steinsmith v. Medical Board, 85 Cal.App.4th 458 (2000) (noted but not relied upon regarding § 2337 applicability)