Medical Board of California v. Superior Court

Petitioner Medical Board of California (Board) commenced an administrative disciplinary proceeding against real party in interest Michael Victor Elam, M.D. (Elam). (Bus. & Prof. Code, § 2220 et seq.) The administrative law judge (ALJ) found several charges of unprofessional conduct to be true, and rendered a proposed decision revoking Elam’s license to practice as a physician. This decision was adopted by the Board, and Elam then sought judicial review via a petition for administrative mandate filed in respondent superior court pursuant to Code of Civil Procedure section 1094.5 (hereafter section 1094.5). Simultaneous with the filing of his petition in respondent court, Elam applied for a stay of the administrative order, which request was opposed by the Board. After a hearing, respondent court granted the stay pending resolution of the section 1094.5 proceeding. The Board, contending that the stay order is an abuse of discretion, petitions this court to set it aside. We shall grant the requested relief.

Elam’s practice is limited to cosmetic and plastic surgery. The charges which led to the order of revocation arose out of his treatment of two patients between 1981 and…