Bd. of Dental Examr's v. Superior Court of L.A. Cty.

I

Introduction

In this matter, we consider whether a remand order is appealable and whether the trial court, under Code of Civil Procedure section 1094.5, subdivision (e), properly augmented an administrative record with evidence submitted after the administrative hearing. We hold that a remand order is not an appealable order, but that this court may consider an appeal from a remand order as a petition for writ of mandamus in the appropriate case. We further hold that the trial court properly augmented the administrative record.

The Board of Dental Examiners (Board) took disciplinary action against Dr. Mikhail Sedler (Sedler) after an administrative hearing based on patient complaints of misdiagnosis and excessive treatments. Sedler challenged the Board’s action by filing a petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5. Attached to the petition was a letter, dated September 8, 1995, from Dr. Timothy Knox, one of the witnesses who testified at the administrative hearing, which contained new evidence offered for the first time in the mandamus proceeding. In response to the petition, the Board filed a declaration signed by Dr.…