Keener

Filed 9/27/13 Keener v. Smith CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

RODERICK J. KEENER,

Plaintiff and Respondent,

A129541, A129795

v. TARYN SMITH AS EXECUTIVE (Contra Costa County OFFICER OF THE STATE BOARD OF Super. Ct. No. MSN08-1823) OPTOMETRY et al., Defendants and Respondents.

The State Board of Optometry (the Board) appeals from the trial court‘s order overturning an administrative law judge‘s (ALJ) determination that optometrist Dr. Roderick J. Keener (Keener) violated the standard of care by failing to diagnose a patient‘s cataracts, failing to refer the patient to a physician, and failing to maintain accurate patient records. In this challenge to both the trial court‘s granting of a writ of…