Robert Wayne Baker v. State of California, Department of Health Care Services, et al., BS165771

Tentative decision on petition for writ of mandate: denied

Petitioner Robert Wayne Baker (“Baker”) seeks a writ of mandate directing Respondents Department of Health Care Services (“DHCS”) and DHCS’s Department of Audits and Investigation Division (“DAID”) to set aside DHCS’s decision and reinstate Baker as a provider in the Medi-Cal program.

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

A. Statement of the Case

Petitioner Baker commenced this proceeding on May 22, 2017. The verified Petition alleges in pertinent part as follows.

On March 14, 2000, Baker received his Registered Nursing (“RN”) license in California. In 2009, Baker entered a plea nolo contendere to two charges of misdemeanor battery: one involved his former spouse and the other a female student on whom he was demonstrating to a class how to do a