Stiger

Stiger v. Flippin

Good Law
135 Cal. Rptr. 3d 168·201 Cal. App. 4th 646·2011 Cal. App. LEXIS 1525
Court of Appeal of CaliforniaDecember 6, 2011No. D058117California4,031 words

Opinion

Lead Opinion

Irion, J.

Arthur Moses Flippin, M.D., and Jacquelyn Jones (collectively, defendants) appeal an order enforcing administrative subpoenas issued by the Medical Board of California (the Board) as part of an investigation into the timeliness of defendants’ submission to the Board of a peer review report required by Business and Professions Code 1 section 805 (805 report). Defendants contend the order must be reversed for two reasons: (1) the Board has no jurisdiction to investigate a medical group—it may only investigate an actively practicing physician licensed by the Board and (2) the Board has no jurisdiction to investigate when a required 805 report has been filed late—it may only investigate when a required 805 report has never been filed. We reject these contentions and affirm the challenged order.

I

FACTUAL AND PROCEDURAL BACKGROUND

This appeal challenges an order enforcing administrative subpoenas. Because defendants did not file an answer or other responsive pleading to the *650 petition to enforce the subpoenas (hereafter, petition), but only a memorandum of points and authorities in opposition to the petition, “the facts alleged in the petition are uncontroverted and are…

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