Vermont & 110th Medical Arts Pharmacy v. Board of Pharmacy

The Board of Pharmacy of the State of California (Board) instituted administrative proceedings against the Vermont & 110th Medical Arts Pharmacy, its operator Dorothy F. Bailey Jackson and three pharmacists employed by Jackson.

After an administrative law judge dismissed the charges, the Board, exercising its authority under Government Code section 11517, refused to adopt the decision of the administrative law judge and instead adopted its own decision revoking the pharmacist license of petitioner Dorothy Jackson and her permit to operate the pharmacy. The license of one of the other pharmacists was revoked while the remaining two were suspended.

Petitioners next petitioned the superior court for a writ of mandate. They appeal from a judgment denying their petition. We affirm.

The trial court, exercising its independent judgment (Strumsky v. San Diego County Employees Retirement Assn. (1974) 11 Cal.3d 28 [ 112 Cal.Rptr. 805 , 520 P.2d 29 ]) found that the weight of the evidence preponderated in favor of the Board’s findings (Evid. Code, § 115; Dare v. Bd. of Medical Examiners' (1943) 21 Cal.2d 790 [ 136 P.2d 304 ]) and that the Board’s findings supported the decision.…