Hoang

Tue Ngoc Hoang v. California State Board of Pharmacy

Good Law
230 Cal. App. 4th 448
Court of Appeal of CaliforniaOctober 8, 2014G049275California3,254 words

Opinion

Opinion

Rylaarsdam, J.

Plaintiff Tue Ngoc Hoang, a pharmacist doing business as Orange Pharmacy (Orange), appeals from a judgment denying his petition for a writ of mandate. The petition sought to overturn a decision by defendant California State Board of Pharmacy revoking plaintiff’s pharmacy license and Orange’s permit to operate a pharmacy. Plaintiff argues defendant’s decision was unduly harsh, not supported by the findings, and denied him due process. We disagree and affirm the judgment.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff held a pharmacy license issued by defendant and was doing business as Orange under a permit defendant issued to it. As Orange’s pharmacist-in-charge, plaintiff was responsible for the pharmacy’s compliance with the laws and regulations concerned with the operation of the business. (Bus. & Prof. Code, § 4113, subd. (c).)

In November 2007, defendant filed an “Accusation,” seeking to discipline plaintiff. The Accusation contained five counts. Four related to alleged unlawful and improperly documented drug transfers with another pharmacy.

A fifth count alleged plaintiff had engaged in dishonest, fraudulent or deceitful conduct. The Accusation alleged that during…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.