Miller v. Board of Medical Quality Assurance

Plaintiff and respondent John P. Miller, M.D., filed a petition for writ of mandate (Code Civ. Proc., § 1094.5) to review an order of the Division of Medical Quality of the Board of Medical Quality Assurance (the Board) reinstating his license to practice medicine. Miller claimed the Board improperly restored his license by imposing conditions on it, including one that he regularly seek psychiatric care. The trial court concluded the Board had unlawfully revoked Miller’s license some two years earlier because it had ordered him to take a mental examination without first affording him a hearing in violation of his constitutional rights to due process of law. The trial court granted the petition and restored Miller’s license without any conditions.

The Board appeals this decision, claiming the court erroneously refused to sustain its demurrer on the ground the 30-day statute of limitations (Gov. Code, § 11523) barred Miller’s attack on the earlier revocation proceedings. We agree with the Board that Miller’s petition in this case was filed untimely and shall reverse the judgment.

Factual and Procedural Background

On December 1, 1981, the Board issued an order compelling…