We took the first available hearing date for the actual hearing on Ken’s Stoller’s writ of administrative mandate, and the hearing will be on Friday, July 23rd at 10:00 AM. Usually, on these final writ decisions, the judge will issue a tentative decision, the day before the hearing, the loser gets to try to convince the judge why he’s wrong.
The judge did issue a new decision on the stay but he didn’t change his mind. Here is the final order denying the stay. Dr. Stoller order
Even apart from the stay order and my extensive conversation with him where he set out his position on the legal issues, in general, superior court judges are not in the habit of making big, new, and precedential legal rulings. That job is left to the appellate courts. So like with many cases which involve big and novel issues, litigators like me tend to look at the superior court level as a necessary way station.
Based on the facts of the case and existing on-point precedent, I think there is a pretty good chance the appellate court will reverse on the sanction issue. If that happens, the board order gets overturned, and there is a lot I could do with that kind of decision, regardless of the ruling on the two core issues of SB 277 and the CAM law (Bus & Prof. Code Section 2234.1).
So don’t lose heart; the fight continues!