State of California v. Superior Court

Petitioners seek writ of prohibition to restrain the Sacramento County Superior Court from enforcing its order granting post-administrative hearing discovery to real party in interest, A. H. Robins Company, Inc. (hereinafter “Robins”), and directing petitioners Brian and Pennebaker to answer questions.

Questions Presented

1. Is this an appropriate proceeding for the issuance of the writ of prohibition?

2. Does post-administrative hearing discovery lie?

3. Does Robins have an administrative remedy?

Record

Petitioner Earl W. Brian, Jr., M.D., is the Director of Health Care Services of the State of California, and petitioner George Pennebaker is the Pharmaceutical Program Coordinator of the State Department of Health Care Services, and as such are employed by the State of California.

Robins is engaged in the manufacture and sale of pharmaceutical products and manufactures and sells a number of prescription drugs, ten of which are listed in the California Medical Assistance Program Formulary.

On August 26, 1969, Robins filed its complaint for declaratory relief and for injunction in the Sacramento County Superior Court against Spencer Williams and Carel E. H. Mulder,…