Previously, the judge indicated that he would not be issuing a “tentative decision” on Ken Stoller’s Request for a Stay of the Board’s Revocation Order, but we received word earlier today that he changed his mind and would issue one in advance of the scheduled 3:45 PM hearing. We just received it.
He denied the request for the stay because he thinks the Board decision seems to be correct, (or in technical terms, we failed to convince him that we are likely to prevail on the merits on the writ of administrative mandate, and as such he didn’t have to address the other factor, the public interest. You all will be as disappointed as Ken and I are with the decision. It does present some challenges as the judge has a strong opinion about the case, in light of his limited role as a reviewing court.
Here is the decision. As I said you won’t like it.
Judges don’t change their minds after writing tentative decisions like this, and the tentative decision is the final order on the stay application. Today’s hearing will likely set a date for the hearing on the actual writ which will be in a few months.
Rick Jaffe, Esq.