Med. Bd. of Cal. v. Superior Court of S.F. Cnty.
Opinion
lead Opinion
Pollak, J.
*1192 The Medical Board of California (the board) seeks a peremptory writ of mandate commanding the superior court to vacate its order and *1193 judgment setting aside the board's order revoking the medical license of real party in interest, Alfred Eugene Adams, M.D. The parties have been notified that if circumstances warrant, this court may issue a peremptory writ in the first instance. ( Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171 , 180, 203 Cal.Rptr. 626 , 681 P.2d 893 .) Having reviewed the letter from Adams dated December 18, 2017, stating his opposition to the petition and requesting additional time to submit a formal opposition, which was granted to January 5, 2018, and Adams having failed to submit any further opposition, and having considered the arguments made in the proceedings before the superior court, we conclude that a peremptory writ of mandate should be issued.
On September 28, 2016, the board filed an accusation against Adams alleging that he prescribed himself controlled substances, failed to participate in an interview with the board, and failed to provide the board with an accurate address. ( Bus. & Prof. Code, § 2021 ; Cal. Code Regs.,…