Stone v. Regents of University of California

The Regents of the University of California (Regents) appeal from a judgment directing a writ of mandate issue to compel them to provide a defense to Sergio C. Stone in a civil action against him. The Regents argue they did not act arbitrarily in refusing to defend Stone, the evidence did not support the judgment, and Stone had an adequate remedy at law. Stone moves to dismiss the appeal, contending it was untimely and the Regents waived their right to appeal. We deny the motion because the appeal was timely and there was no waiver. We further find the Regents did not abuse their discretion in turning down Stone’s defense, so the judgment must be reversed.

Stone is a physician, board certified in obstetrics and gynecology. From 1990 to 1995, he was a partner in the Center for Reproductive Health (CRH), along with two other infertility specialists, Ricardo Asch and Jose Balmaceda. The CRH’s offices were on the University of California at Irvine (UCI) campus. The university provided the doctors with space, management and administrative services, and nonphysician medical and support staff, and charged patients an administrative fee to cover the cost of these services. The…