HEARING ON MOTION FOR WRIT OF ADMINISTRATIVE MANDATE

FILED BY JANET ANNE BAENA VALENCIA R.N.

* TENTATIVE RULING: *

Petitioner Janet Anne Baena Valencia’s Motion for Writ of Administrative Mandate, pursuant to Cal. Code of Civil Procedure § 1094.5 is granted. Petitioner’s request for attorney’s fees is denied.

Valencia filed this petition, pursuant to CCP § 1094.5 seeking a preemptory writ of administrative mandate directed at Board of Registered Nursing (“BRN”) to set aside its decision of May 23, 2018. Petitioner also seeks cost of suit and reasonable attorney’s fees.

Petitioner argues the discipline against her registered nurse license and public health nurse certificate fails for two reasons: (1) there is no clear and convincing evidence of gross negligence on the part of Petitioner and (2) Petitioner’s processing of the resident’s pills at the non-nursing care facility was not “carrying out usual certified or licensed functions.” Additionally, Petitioner argues the Board of Re