Administrative Law Topics: Appeals / Writ of Mandate

Court Overturns Medi-Cal Suspension Against CA RN

We sued the California Department of Health Care Services (DHCS) because it suspended the Medi-Cal “provider status” of a registered nurse who had never actually been a Medi-Cal provider.  The DHCS blacklisted the RN by including the nurse on a list of individuals barred from employment by Medi-Cal facilities.  This unwarranted action prevented our client from working in all California hospitals and as lawyers who defend nurses we took action to remedy this.

RN Loses Single DUI Case Before Court of Appeal

We previously wrote about our victory appealing (by writ of administrative mandate) discipline against a registered nurse solely because of a single off-duty DUI conviction.  See RN With Single DUI Wins in Superior Court—Nursing Board Appeals.  In that case, the Board of Registered Nursing (BRN) ordered the revocation of our client's RN license subject to a stay of the revocation and probation for three years with employment supervision requirements.

RN With Single DUI Wins in Superior Court—Nursing Board Appeals

In 2012, the California Court of Appeal will decide whether the Board of Registered Nursing can order an RN to serve probation because of a single DUI conviction. This appeal comes after our second successful petition for writ of administrative mandate in San Francisco Superior Court.

Court Interprets Time for Filing Petition for Writ of Mandate

In Blaich v. West Hollywood Rent Stabilization Department, a landlord sought to overturn a decision of the West Hollywood Rent Stabilization Commission ("the Commission") by petition for writ of mandate (aka writ of administrative mandamus). The issue is whether the Blaichs' appeal was timely.

Nurse With One DUI--Court Overturns License Revocation by California Board of Registered Nursing

A California registered nurse (R.N.) was convicted of alcohol-related reckless driving after being charged with driving under the influence of alcohol (DUI).  The conviction was a first-time offense, and there was no evidence of alcohol abuse or dependence.

Nevertheless, the Board of Registered Nursing demanded that the nurse submit to a psychological evaluation, physical evaluation, random urine tests, and substance abuse rehabilitation.  Since there was no evidence of any alcohol problem, we believed that the conditions demanded by the Board were unreasonable.  

Court of Appeal reaffirms independent judgment standard of review in police officer discipline case

On September 2, 2009, the California Court of Appeal decided the case of Cesar Wences v. City of Los Angeles, Case No. B208525. An off-duty Los Angeles Police Officer carried his gun at his side during a confrontation outside his home with a group of four individuals. The leader of the group made threatening statements and gestures to the officer and his wife. The officer fired his gun into the grass to scare away the group. The Board of Police Commissioners issued an administrative diapproval for unauthorized tactics and inappropriate drawing of a firearm.