Evergreen Pharmaceutical of California, Inc. v. Board of Pharmacy, Department of Consumer Affairs, BS173680

Tentative decision on petition for writ of mandate: denied

Petitioners Evergreen Pharmaceutical of California, Inc., dba Omnicare of Cerritos (“Omnicare”) and Glennvic Caragan Chavez (“Chavez”) seek a writ of mandate compelling Respondent Board of Pharmacy, Department of Consumer Affairs (“Board”) to set aside its decisions finding that Petitioners violated 16 California Code of Regulations (“CCR”) section 1793.7(f) and imposing monetary fines on them.

The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision.

A. Statement of the Case

1. Petitions

Petitioners Omnicare and Chavez commenced this proceeding on May 11, 2018. The verified Petitions for Writ of Mandate allege in pertinent part as follows.

Omnicare holds a Board-issued pharmacy license for a facility located at 13825 Cerritos Corporate Drive in Cerrit