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1 Albert J. Garcia, Lawyer (SBN 70917)
2 2000 Powell Street, Ste. 1290
3 Emeryville, CA 94608 ELECTRONICALLY
4 Telephone: 510.848.5190 FILED
5 Facsimile: 510.758.7370 Superior Court of California,
County of San Francisco
6
7 Attorney for Petitioner, Richard Neill Sauer, MD 09/30/2019
Clerk of the Court
8 BY: BOWMAN LIU
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk
10 FOR THE COUNTY OF SAN FRANCISCO
11
Richard Neill Sauer, MD, ) Case No. CPF-19-516861
)
Petitioner, ) Ex Parte Application For Order Staying
vs. ) Administrative Action
)
Medical Board of California, ) [Code of Civ. Proc., § 1094.5 (h)(1)]
)
Respondent. ) Hearing: October 2, 2019
) Time: 11:00 AM
) Dept. 302
_______________________________ ) Action Filed: September 25, 2019
12 Petitioner Richard N. Sauer, MD applies for an order staying administrative action taken
13 by respondent Medical Board of California (Board) imposing discipline on his medical license.
14 Specifically, petitioner seeks a limited stay solely of that portion of probation Condition 17 of the
15 Board’s decision (Case No. 800-2017-030024) that requires completion of the Clinical Assessment
16 Program as a “condition precedent” to the practice of medicine, as more particularly described in
17 the accompanying Memorandum in Support of Ex Parte Application for Stay of Administrative
18 Action. 1
19 This Application is made under Code of Civil Procedure § 1094.5, subdivision (h)(1), on
20 the ground that respondent is unlikely to prevail on the merits of the underlying Petition for Writ
21 of Administrative Mandate, in that respondent acted in excess of its jurisdiction; denied petitioner
22 a fair hearing, and abused its discretion by not proceeding in the manner required by law, and by
1
The Board’s decision is Attachment A to the accompanying Memorandum in Support of Ex Parte
Application for Stay of Administrative Action
1
_______________________________________________________________
Ex Parte Application For Order Staying Administrative Action (No. CPF-19-516861)
1 issuing a decision that is unsupported by the findings and which rests on findings that are, in turn,
2 unsupported by the evidence (Code of Civil Procedure § 1094.5 (b)), all as more particularly set
3 forth in the accompanying Petition for Writ of Administrative Mandate, and in the papers filed in
4 support of this Application.
5 This Application is made on the additional ground that issuance of the limited stay order
6 requested would not be against the public interest (Code of Civil Procedure § 1094.5 (h)(1)), in
7 that petitioner does not pose a risk of harm to the public.
8 Petitioner’s request is based on this Application; on the Petition for Writ of Administrative
9 Mandate on file herein; on the Memorandum in Support of Ex Parte Application for Stay of
10 Administrative Action, on the Declarations on file herein, and on such other and further matters as
11 the court may elect to consider in the premises.
12 Wherefore, petitioner respectfully requests issuance of an order staying that portion of
13 Probation Condition 17 of the Board’s decision that requires completion of the Clinical
14 Assessment Program as a “condition precedent” to the practice of medicine.
15
16 Dated: September 30, 2019 Respectfully submitted,
17
18 ________________________
19 Albert J. Garcia,
20 Attorney for Petitioner,
21 Richard Sauer, MD
2
_______________________________________________________________
Ex Parte Application For Order Staying Administrative Action (No. CPF-19-516861)
DECLARATION OF SERVICE
[XX] BY MAIL
[] FACSIMILE TRANSMISSION
[XX] EMAIL TRANSMISSION
I, the undersigned, declare as follows: I am employed in the City of Emeryville, Alameda
County, California. I am over the age of 18 years; not a party to the within action, and I am an
active member of the State Bar of California (SBN 70917). My business address is 2000 Powell
Street, Ste. 1290, Emeryville, CA 94608.
On September 30, 2019, I served:
Ex Parte Application for Stay of Administrative Action
(Case No. CPF-19-516861)
on the interested parties in this action by placing true copies thereof in a sealed envelope, with first
class postage thereon fully prepaid, and depositing same in the United States Mail, addressed as
follows:
Megan R. O’Carroll, Deputy Attorney General
1300 “I” Street, Ste. 125
Sacramento, CA 94244-2550
Facsimile: 916.327.2247
Email: Megan.OCarroll@doj.ca.gov
[N/A] and by transmitting true facsimile copies thereof to the above-listed persons at the facsimile
numbers listed above, [XX] and/or by email to the above-listed email addresses.
I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on September 30, 2019, at Emeryville, California.
_____________________
Albert J. Garcia
1
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1 Albert J. Garcia, Lawyer (SBN 70917) 2 2000 Powell Street, Ste. 1290 3 Emeryville, CA 94608 ELECTRONICALLY 4 Telephone: 510.848.5190 FILED 5 Facsimile: 510.758.7370 Superior Court of California, County of San Francisco 6 7 Attorney for Petitioner, Richard Neill Sauer, MD 09/30/2019 Clerk of the Court 8 BY: BOWMAN LIU 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk 10 FOR THE COUNTY OF SAN FRANCISCO 11 Richard Neill Sauer, MD, ) Case No. CPF-19-516861 ) Petitioner, ) Ex Parte Application For Order Staying vs. ) Administrative Action ) Medical Board of California, ) [Code of Civ. Proc., § 1094.5 (h)(1)] ) Respondent. ) Hearing: October 2, 2019 ) Time: 11:00 AM ) Dept. 302 _______________________________ ) Action Filed: September 25, 2019 12 Petitioner Richard N. Sauer, MD applies for an order staying administrative action taken 13 by respondent Medical Board of California (Board) imposing discipline on his medical license. 14 Specifically, petitioner seeks a limited stay solely of that portion of probation Condition 17 of the 15 Board’s decision (Case No. 800-2017-030024) that requires completion of the Clinical Assessment 16 Program as a “condition precedent” to the practice of medicine, as more particularly described in 17 the accompanying Memorandum in Support of Ex Parte Application for Stay of Administrative 18 Action. 1 19 This Application is made under Code of Civil Procedure § 1094.5, subdivision (h)(1), on 20 the ground that respondent is unlikely to prevail on the merits of the underlying Petition for Writ 21 of Administrative Mandate, in that respondent acted in excess of its jurisdiction; denied petitioner 22 a fair hearing, and abused its discretion by not proceeding in the manner required by law, and by 1 The Board’s decision is Attachment A to the accompanying Memorandum in Support of Ex Parte Application for Stay of Administrative Action 1 _______________________________________________________________ Ex Parte Application For Order Staying Administrative Action (No. CPF-19-516861) 1 issuing a decision that is unsupported by the findings and which rests on findings that are, in turn, 2 unsupported by the evidence (Code of Civil Procedure § 1094.5 (b)), all as more particularly set 3 forth in the accompanying Petition for Writ of Administrative Mandate, and in the papers filed in 4 support of this Application. 5 This Application is made on the additional ground that issuance of the limited stay order 6 requested would not be against the public interest (Code of Civil Procedure § 1094.5 (h)(1)), in 7 that petitioner does not pose a risk of harm to the public. 8 Petitioner’s request is based on this Application; on the Petition for Writ of Administrative 9 Mandate on file herein; on the Memorandum in Support of Ex Parte Application for Stay of 10 Administrative Action, on the Declarations on file herein, and on such other and further matters as 11 the court may elect to consider in the premises. 12 Wherefore, petitioner respectfully requests issuance of an order staying that portion of 13 Probation Condition 17 of the Board’s decision that requires completion of the Clinical 14 Assessment Program as a “condition precedent” to the practice of medicine. 15 16 Dated: September 30, 2019 Respectfully submitted, 17 18 ________________________ 19 Albert J. Garcia, 20 Attorney for Petitioner, 21 Richard Sauer, MD 2 _______________________________________________________________ Ex Parte Application For Order Staying Administrative Action (No. CPF-19-516861) DECLARATION OF SERVICE [XX] BY MAIL [] FACSIMILE TRANSMISSION [XX] EMAIL TRANSMISSION I, the undersigned, declare as follows: I am employed in the City of Emeryville, Alameda County, California. I am over the age of 18 years; not a party to the within action, and I am an active member of the State Bar of California (SBN 70917). My business address is 2000 Powell Street, Ste. 1290, Emeryville, CA 94608. On September 30, 2019, I served: Ex Parte Application for Stay of Administrative Action (Case No. CPF-19-516861) on the interested parties in this action by placing true copies thereof in a sealed envelope, with first class postage thereon fully prepaid, and depositing same in the United States Mail, addressed as follows: Megan R. O’Carroll, Deputy Attorney General 1300 “I” Street, Ste. 125 Sacramento, CA 94244-2550 Facsimile: 916.327.2247 Email: Megan.OCarroll@doj.ca.gov [N/A] and by transmitting true facsimile copies thereof to the above-listed persons at the facsimile numbers listed above, [XX] and/or by email to the above-listed email addresses. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on September 30, 2019, at Emeryville, California. _____________________ Albert J. Garcia 1