Matanky

This appeal is from a judgment of the superior court, entered pursuant to Code of Civil Procedure, section 1094.5, ordering the issuance of a peremptory writ of mandate directing the Board of Medical Examiners of the State of California (Board) to set aside its decision revoking the license of Dr. Seymour Matanky (Matanky), and to reconsider the same in light of the court’s findings of fact and conclusions of law. Both the Board and Matanky appeal from this judgment. Since we conclude that the evidence establishes as a matter of law that Matanky committed acts involving moral turpitude related to his licensed activities indicating his unfitness to practice medicine, and that the Board did not clearly abuse its discretion by ordering revocation of the license, we reverse the judgment.

Facts

On December 12, 1972, Matanky was convicted in the United States District Court for the Central District of California of 39 counts for violation of 18 United States Code section 1001 . Matanky received a suspended prison sentence and as a condition of probation ordered to pay a fine in the amount of $1,500 per count convicted, for a total fine of $58,500. The conviction was affirmed…