Murray v. Medical Board of California, et al.
Action for writ of mandate
Petitioner responds to the Medical Board's “parade of horribles” if the court grants the Writ: Their staff might actually have to respond to public requests for information.
Petitioner's trial brief, in advance of hearing scheduled for January 17, 2017 in Department 82 at the Stanley Mosk courthouse, Los Angeles.
The court overrules the state's demurrer in its entirety. With regard to the state's claim that Petitioner failed to exhaust his administrative remedies, the court stated, “These arguments lack merit.”
Petitioner explains why his claims are ripe for review, and he asserts that the state has read a legal fiction into California Public Records Act in order to deny Petitioner access to the records he seeks.
Respondents asserted that Petitioner’s claims were not ripe for review due to lack of finality and “failure to exhaust administrative remedies,” among other points of demurrer and defense. See Case No.: BS158575 in the court's register of actions.
This petition for mandamus asks the court to command the Medical Board to release all information in their possession regarding Audrey Bevan Murray’s medical condition, treatment, and the circumstances and cause(s) of her death. Filed in the Superior Court of Los Angeles under Cal. Code Civ. Proc. § 1085 (“traditional mandate”).