Modification: Li v. Superior Court (Medical Board of California)

QUINN LI,

Petitioner,

v.

THE SUPERIOR COURT

OF SACRAMENTO COUNTY,

Respondent;

MEDICAL BOARD OF CALIFORNIA,

Real Party in Interest.

No. C092584

(Super. Ct. No. 34202080003396)

California Courts of Appeal

Third Appellate District

Filed October 19, 2021

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on September 30, 2021, be modified as follows:

At the end of part IV (Petitioner Fails To Show A Different Outcome Would Result) of the Discussion, add the following footnote:

In his petition for rehearing, petitioner asserts this court "erred as a matter of law under the facts and scope of this appeal" in failing to remand the matter to the "trial court to reexamine [his] request for reconsideration under [our analysis] on the heightened standard of review in [section] 1094.5 proceedings." Petitioner fails to acknowledge the trial court's order was not based solely on the Chamberlain standard of review. The trial court also denied the reconsideration motion under section 1008, subdivisions (a) and (e). Petitioner never addressed the propriety of that ground for the trial court's denial of his petition for reconsideration.

There is no change in the judgment. The petition for rehearing is denied.

BY THE COURT:

Robie, Acting P. J.

Renner, J.

Krause, J.