Golden Drugs Co., Inc. v. Maxwell-Jolly, No. C058178

In mandamus proceedings challenging the termination of petitioner's Medi-Cal provisional provider license by the director of the Department of Health Care Services, specifically disputing that it allowed a pharmacy technician to dispense medication without direct supervision and control of a pharmacist, denial of plaintiff's petition is affirmed where: 1) plaintiff failed to show a basis for consideration of extra-record evidence; 2) the agency's decision was not devoid of evidentiary support; 3) plaintiff forfeited its due process argument for failure to provide an adequate legal and factual analysis.     

Read Golden Drugs Co., Inc. v. Maxwell-Jolly, No. C058178 [HTML]

Read Golden Drugs Co., Inc. v. Maxwell-Jolly, No. C058178 [PDF]

Appellate Information

Filed December 9, 2009

Judges

Opinion by Judge Sims

Counsel
For Appellant:   The Altman Group and Bryan C. Altman

For Appellee:   Edmund G. Brown Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Julie Weng-Gutierrez and Michael V. Hammang, Deputy Attorneys General