Landau

Landau v. Superior Court

Good Law
81 Cal. App. 4th 191·97 Cal. Rptr. 2d 657
Court of Appeal of CaliforniaJanuary 12, 1998No. A075251; No. A075493California12,505 words

Opinion

Lead Opinion

Kline, J.

Introduction

In this opinion, we consider, among other things, the constitutionality of the provision of Business and Professions Code section 2337 requiring that *196 appellate court review of a superior court decision reviewing the revocation, suspension or restriction of a physician’s medical license by the Medical Board of California be by way of a petition for extraordinary writ. We shall conclude the statute is constitutional.

Effective March 16, 1996, the Medical Board of California revoked the medical license of Dr. Allyn Beth Landau, following extensive administrative proceedings before an administrative law judge. The San Francisco Superior Court denied her petition for a writ of administrative mandamus (Code Civ. Proc., § 1094.5). Dr. Landau filed both an appeal (case No. A075493) and, pursuant to Business and Professions Code section 2337, a petition for a writ of mandate (case No. A075251) challenging the superior court decision.

We consolidated the appeal and the writ petition and ordered supplemental briefing on the legislative history of Business and Professions Code section 2337. We issued an order to show cause in connection with the writ…

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