Yakov
Yakov v. Board of Medical Examiners
Opinion
lead Opinion
Tobriner, J.
Subsequent to Dr. Yakov’s conviction on nine counts of violation of section 4227 of the Business and Professions Code (furnishing dangerous drugs without a prescription), the Board of Medical Examiners filed a statement of charges, alleging inter alia that the doctor was guilty of conduct involving moral turpitude. After a hearing in which the doctor represented himself, the board adopted the hearing *69 officer’s proposed decision revoking Dr. Yakov’s medical certificate.
Dr. Yakov then petitioned the Superior Court of Sacramento County for a writ of mandate under section 1094.5 of the Code of Civil Procedure. That court concluded that the finding of moral turpitude was not sustained by the weight of the evidence. Because of the impossibility of determining the extent to which the board’s finding of moral turpitude contributed to its decision, the trial judge annulled the order, remanding the cause to the board for redetermination of the penalty.
On the board’s appeal to this court, the question centers on the propriety of the trial court’s holding that the weight of the evidence does not support a finding of moral turpitude, As we shall explain, in this type of ease the trial…
concurrence Opinion
Traynor, J.
My views with respect to judicial review of administrative foldings of fact under Code of Civil Procedure, section 1094.5, are set forth in dissenting opinions in Moran v. Board of Medical Examiners, 32 Cal.2d 301, 315 [ 196 P.2d 20 ], and Southern California Jockey Club, Inc. v. California Horse Racing Board, 36 Cal.2d 167, 178 [ 223 P.2d 1 ]. These views remain unchanged, but since a majority of the court adhere to the Moran ease, I concur in the judgment under the compulsion of that ease.
dissent Opinion
McComb, J.
I dissent. I would reverse the judgment with directions to the trial court to discharge the alternative writ and deny the petition for a writ of mandate for the reasons expressed by Mr. Justice Bray in the opinion prepared by him for the Court of Appeal in Yakov v. Board of Medical Examiners (Cal.App.) 58 Cal.Rptr. 644 .
Appellant’s petition for a rehearing was denied February 8, 1968, and the opinion was modified to read as printed above. Peek, J., * sat in place of Mosk, J., who deemed himself disqualified. McComb, J., was of the opinion that the petition should be granted.