Schneider

After prevailing in an administrative proceeding to revoke plaintiff Eduardo Schneider’s medical license, defendant Medical Board of California (defendant board) was awarded costs and attorney fees pursuant to Business and Professions Code section 125.3 (section 125.3). The trial court disallowed the award of attorney fees, and the sole issue on appeal is whether section 125.3 allows the recovery of reasonable attorney fees. We find that section 125.3 allows defendant to recover reasonable attorney fees and reverse.

Background

Defendant board filed an accusation against plaintiff Schneider, a medical doctor, and after an administrative proceeding before Administrative Law Judge Dash, plaintiff was found to have engaged in sexual misconduct with a patient and unprofessional conduct. Defendant board adopted the decision of the administrative law judge in revoking plaintiff’s medical license and ordering plaintiff to pay defendant the costs of investigation ($10,056.46) and attorney fees ($4,005). Plaintiff filed a petition for a writ of administrative mandamus in the superior court. The court denied the petition but concluded that section 125.3 does not authorize the…