Mendones v. Bd. of Registered Nursing CA1/3

California Court of Appeal Feb 10, 2022 No. A162692Unpublished

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Holding. The court affirmed the judgment denying the petition for writ of mandate because the appellant failed to challenge the procedural basis for the denial in her opening brief and failed to provide an adequate record of the trial court proceedings.

Issues

Whether the trial court erred in denying the petition for writ of mandate based on the appellant's failure to timely file an opening brief.
Whether the appellant waived claims of error by failing to raise them in the opening brief.
Whether the lack of a reporter's transcript or settled statement precludes appellate review of the trial court's procedural rulings.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Mendones has waived any claim of error by failing to present any argument in her opening brief challenging the procedural denial of her petition.”

“Because Mendones has provided neither reporter’s transcripts nor settled statements of the March 4, March 18, and April 22 hearings, we must reject her reply brief arguments”

“In sum, we must affirm the judgment under review”

Filed 2/10/22 Mendones v. Bd. of Registered Nursing CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE

MARIDOL C. MENDONES, Plaintiff and Appellant, v. A162692

BOARD OF REGISTERED (Alameda County NURSING, Super. Ct. No. HG19044092) Defendant and Respondent.

MEMORANDUM OPINION1 Appellant Maridol C. Mendones (Mendones) filed a petition for judicial review of the revocation of her registered nurse license (license) by respondent Board of Registered Nursing (the Board). The superior court denied the petition based on Mendones’ failure to file an opening brief in support of her petition. We affirm.

1 We resolve this case by abbreviated form of opinion as permitted by California Rules of Court, Standard 8.1, which provides that a memorandum opinion is appropriate when the appeal “raise[s] no substantial issues of law or fact.”

BACKGROUND The Board revoked Mendones’ license, effective November 27, 2019, after adopting an administrative law judge’s recommended findings that discipline was supported by Mendones’ unprofessional conduct, including the making of “false or grossly incorrect” records regarding dangerous drugs, personal misuse of controlled substances, and mismanagement of personal health information. Ten days before the revocation was to take effect, Mendones filed a petition challenging the revocation of her license. The Board then lodged the administrative record in early March 2020. The superior court set a merits hearing for August 14, 2020, later continued to January 22, 2021. Before the hearing, the Board filed a “Non-Receipt of Anticipated Pleading” asserting Mendones had not filed an “opening brief” with the requisite citations to the administrative record lodged with the court. The Board further asserted that her petition, standing alone, was insufficient as it only cited to exhibits that were not shown to be part of the administrative record. Therefore, Mendones could not show that the Board’s findings and/or decision were not supported by the record. Mendones then filed an opening brief, but in that brief did not cite to any portions of the administrative record. On January 22, 20212, the court found that Mendones’ opening brief was untimely and lacked citations to the administrative record. It continued the merits hearing to March 18 and set a briefing schedule,

Mendones v. Bd. of Registered Nursing CA1/3

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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