Facts

Borko Djordjevic, M.D., entered into a settlement agreement with the Medical Board of California after it instituted disciplinary proceedings against him stemming from two criminal convictions. Dr. Djordjevic then petitioned for a writ of mandate after the Board canceled his medical license.

PETITIONER'S CONTENTIONS:
Dr. Djordjevic contended that the Board, pursuant to an automatic cancellation provision that was included under the terms of settlement, wrongfully automatically canceled his license after he left the country to visit his elderly mother and was unable to meet a deadline under the agreement due to his own personal health problems. He claimed that the right to practice medicine was a vested right and that the automatic cancellation provision violated due process.

RESPONDENT'S CONTENTIONS:
The Board contended that Dr. Djordjevic's claims were time barred, and had been expressly waived. Defendants also contended plaintiff's claims were barred by applicable immunities, and stated no cause of action under any legally cognizable theory.

Result

The court sustained the Board's demurrer, finding the claims time-barred.

Other Information

FILING DATE: July 8, 2015.