Marshall v. Medical Board of California CA2/7

Filed 8/23/22 Marshall v. Medical Board of California CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

GRANVILLE H. MARSHALL, B308582

Petitioner and Appellant, (Los Angeles County Super. Ct. No. 19STCP00889) v.

MEDICAL BOARD OF CALIFORNIA,

Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, James C. Chalfant, Judge. Dismissed. Pierce & Shearer and Andrew F. Pierce for Appellant. Rob Bonta, Attorney General, Gloria L. Castro, Assistant Attorney General, Robert McKim Bell and Trina L. Saunders, Deputy Attorneys General, for Respondent. __________________________

Granville H. Marshall, M.D., appeals from a judgment entered after the trial court denied his petition for a writ of administrative mandate challenging a decision of the Medical Board of California (Board) revoking his surgeon and physician’s license, staying revocation, and placing him on probation for three years. Under Business and Professions Code section 2337,1 the trial court’s decision is reviewable only by filing a petition for an extraordinary writ. Because this case does not present unusual circumstances for treating Marshall’s improper appeal as a writ petition, we dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND2

From April 30, 2012 through May 30, 2014 Marshall, a physician practicing internal medicine in a solo practice, treated Sabino Fosmire, a former chemical industry worker who suffered from lung disease and brain lesions. Throughout his treatment of Fosmire, Marshall prescribed numerous opioid medications, including hydromorphone, morphine, oxycodone, hydrocodone, and buprenorphine before discharging Fosmire for drug-seeking behavior. On August 1, 2014 Fosmire filed a consumer complaint against Marshall with the Board, alleging Marshall had asked him to harm two local physicians with whom Marshall had grievances. In connection with the complaint, Fosmire