Kenneth P. Stoller, M.D., JK being the mother of a vaccine exempt child v. Dennis Herrera, in his official capacity as the City Attorney of the City of San Francisco, The City and County of San Francisco, Kimberly Kirchmeyer, in her official capacity as Executive Director, Medical Board of California, Christopher Shultz, in his official capacity as Chief Deputy Director of the California Department of Consumer Affairs, and John and Jane Does 1 through 5 and Robert Schechter in his official capacity of Chief of the Clinical Policy and Support Section ("CPSS") of the California Department of Public Health, Immunization Branch
Published: Feb. 21, 2020 | Result Date: Dec. 3, 2019 | Filing Date: Jul. 15, 2019 |Case number: CGC-19-576439 Bench Decision – Dismissal
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Richard A. Jaffe
(Richard A. Jaffe, Esq.)
Defendant
Lawrence A. Mercer
(Office of the Attorney General)
Facts
Kenneth P. Stoller filed a lawsuit against various public health officials, including the Medical Board of California, challenging an investigation into vaccine exemptions Dr. Stoller issued.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that his vaccine exemptions were appropriate and lawful. Plaintiff contended that the investigation was an invasion of privacy and an attempt to intimidate him into denying otherwise lawful vaccine exemptions.
DEFENDANT'S CONTENTIONS: Defendants contended the matter was currently under review as a disciplinary action before the Medical Board of California. Defendants characterized plaintiff's action as an attempt to circumvent the administrative process. Defendant contended that the action must be dismissed because plaintiff failed to exhaust administrative remedies.
Result
The court dismissed the matter due to plaintiff's failure to exhaust administrative remedies.
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