SARKA

INTRODUCTION

Petitioner George Sarka, M.D., was employed as a primary care physician at the student health services’ Arthur Ashe Student Health and Wellness Center (SHS) at the University of California at Los Angeles (the University). He filed a grievance challenging the University’s decision to discharge him for repeatedly refusing to follow the directions of his superior to modify his approach to patient care to be more in accord with his SHS colleagues. The administrative hearing officer upheld the termination. Dr. Sarka appeals from the trial court’s judgment that denied his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) seeking to overturn the hearing officer’s decision.

At issue is whether the hearing officer and the trial court committed legal error by failing to apply Business and Professions Code section 2056, which declares it a violation of public policy for employers to penalize physicians “principally for advocating for medically appropriate health care.” (§ 2056, subd. (c).) The record shows that both the hearing officer and the trial court considered and properly applied section 2056 and that substantial evidence supports the…