Ken Stoller’s Appeal/Writ DENIED!

Ken Stoller’s Appeal/Writ DENIED!

I just received a copy of the judge’s decision. Our writ/appeal was denied. The judge rejected all our arguments, like he did when the case was presented to him at the initial hearing back in March. He seemed to have forgotten or changed his mind about the issues and questions he had about the Board’s order at the second hearing in late July.

I have no real insights as to what happened, other than the obvious that we’re going through some tough times now and the public health establishment and the media seem to blame people who don’t believe in vaccination as making the problem worse.
Here is the decision. You won’t like it. It is very disappointing.

arguellesdecision

What this means for Ken Stoller’s Revoked Medical Exemptions

Not much and nothing has changed. All of them had been revoked and they are still revoked. So, for those who were hoping for a reprieve from the general vaccine mandate for this school year, regrettably, it’s not going to happen.

Depending on circumstances (mostly financial) there probably will be an appeal to the Court of Appeals, but that process will take at least a year. Also, the higher up you go, the harder it becomes because now some deference is given to the lower court which gave deference to the administrative agency. And then there is that this is a vaccine issue in the middle of a deadly pandemic, which as suggested, makes it tougher, as I and all the lawyers fighting these vaccine mandate cases are finding out (the hard way).

So it goes.

Rick Jaffe, Esq.

11 thoughts on “Ken Stoller’s Appeal/Writ DENIED!

  1. Dear Rick,
    I am super sorry to hear about the writ being denied for Dr. Stoller! But I am sure you gave him the best legal representation he could have had. In fact, I know that if he you couldn’t win this stage of the case, then no attorney could have.
    I have donated to Dr. Stoller’s defense and I hope others continue to do so too.
    Best Wishes, Scott

  2. Richard,

    I am so sorry for Dr. Stoller and you with this new news. Thank you for doing all that you have done, are still doing, and for keeping us all informed. I deeply appreciate this. I will keep praying.

  3. Forgotten or changed his mind?? This is criminal!
    What got to him or who?
    He didn’t accept any of your arguments at all, that is is absolutely insane Mr. J.

    This is absurd!
    “Dr Stoller counsel conceded that section 2234.1 provides affirmative defense, not a cause for discipline that the board must approve.
    The court ACCEPTS this concession and will not grant relief on the theory that the board failed to meet a burden of proof.”
    WHAT ??
    If I hear this Blumburp as some kind of expert again and see him on KCRA that is it!

  4. WHAT??
    This Judge was appointed to the bench in by former governor Arnold Schwarzenegger and provided extra time for recall of Newsome and this now?? Its’ blasphemy !

    So we home school or move? This state!!

  5. Wow, a brick wall. Thank you for your work to present all sides of the circumstances in detail and fight for medical freedom.

  6. Dear Mr Jaffe,
    Very sorry to hear this. We’re still in the thick of it. Thanks for all you have done and the thorough and thoughtful updates on all the issues.
    Katy M.

  7. This is not good news in the short term but may be a godsend in the long term. This has become an obvious political witch hunt. The CA medical board must be sued for fraud. It is not acting in good faith by persecuting licensed doctors writing legal medical exemptions. Nobody hired Richard Pan as the state pediatrician. This tyrant and his campaign contributors have lied about legal medical exemptions in order to get his gravy train passed. Once passed, he and his benefactors now in dictator mode, track down and persecute the majority of doctors who write legal medical exemptions using their threats to revoke medical licenses by a compromised political medical licensing authority! Has even a single patient made a complaint against any of these good doctors? Discovery will be crucial to track down exactly who is behind this persecution, and their conflicts of interest. Even without a final victory, recorded depositions posted to social media will destroy these frauds like the infamous deposition of Stanley Plotkin by Aaron Siri.
    An independent medical board may need to be established to license doctors entirely independent from the political powers.

    1. Why have licensing at all? It just ensures conformity and not innovation. Certification of doctors and nurses is much better.

  8. All of you need to get the h#ll out of California. I moved my family to FL and have been greatly relieved to be free of this insanity

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