Foster
Foster v. Board of Medical Quality Assurance
Opinion
Opinion
Carr, J.
Lawrence H. Foster, Jr., M.D. (Dr. Foster), filed a petition for writ of mandate (Code Civ. Proc., § 1094.5) in the Superior Court of El Dorado County on March 28, 1988. The petition sought a writ to compel the Board of Medical Quality Assurance (BMQA) to set aside its decision to suspend his medical license for 90 days for unprofessional conduct. (Bus. & Prof. Code, §§ 2234, 2261.) The matter was transferred to Sacramento County.
The trial court declined to issue the writ, finding that the BMQA decision was properly reached and supported by the evidence. Dr. Foster timely appeals, contending his actions do not fall within the conduct proscribed by statute, and that the statutes are unconstitutionally vague as applied. We shall affirm.
Standard of Review
While the trial court was obliged to exercise its independent judgment, we apply the normal standard of appellate review upon its factual findings. Thus, we look to see if the trial court’s decision is supported by substantial evidence. (Moran v. Board of Medical Examiners (1948) 32 Cal.2d 301, 308 [ 196 P.2d 20 ].) We independently review questions of law.