Stermer

Stermer v. Board of Dental Examiners

Good Law
115 Cal. Rptr. 2d 294·2002 Cal. App. LEXIS 159·2002 Daily Journal DAR 393·95 Cal. App. 4th 128·2002 Cal. Daily Op. Serv. 301
Court of Appeal of CaliforniaJanuary 10, 2002No. B146870California2,596 words

Opinion

Lead Opinion

Mosk, J.

Introduction

Appellant David Stermer (Stermer), a licensed dentist, appeals from the trial court’s denial of a petition for writ of administrative mandate by which Stermer sought to set aside discipline imposed by respondent Board of Dental Examiners (Board).

Stermer had been convicted of Penal Code misdemeanor violations. While challenging the conviction by a petition for writ of habeas corpus and after unsuccessful efforts to continue the administrative hearing regarding proposed discipline by the Board, Stermer stipulated, in connection with the disciplinary proceeding, to the existence of the conviction and to an order of discipline by the Board. The Board then imposed the discipline provided for in the stipulation.

Thereafter, the superior court issued a writ of habeas corpus, causing the conviction to be vacated. Stermer unsuccessfully sought to have his stipulation and order for discipline set aside. The trial court denied Stermer’s petition for a writ of administrative mandate to compel the Board to set aside the stipulation and order. Stermer appeals from the trial court’s decision.

We affirm, holding that the trial court correctly determined that Stermer is…

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