Sela v. Medical Board of Cal.
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Petitioner appealed the denial of his petition for writ of mandate, seeking to set aside the Board's decision rejecting petitioner's request for early termination of the probationary restrictions on his medical license. The Board revoked petitioner’s medical license, finding that he had engaged in sexual abuse and sexual misconduct during gynecological pelvic
examinations. The court concluded that because the Board decision operated to restrict petitioner’s medical license, Bus. & Prof. Code 2337 applies to and controls the method of appellate review of the trial court’s ruling upholding the Board’s decision. Therefore, the trial
court’s judgment denying petitioner’s petition for writ of mandate is not appealable. The court declined to exercise its discretion to treat petitioner's unauthorized appeal as a petition for an extraordinary writ. Accordingly, the court dismissed the appeal.
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