Pan v. State Personnel Board

[180 CalApp3d Page 354] Plaintiff, Dr. John C. Pan, was a physician and surgeon employed by the California Department of Corrections at the Correctional Training Facility, Soledad. The department dismissed him from his position [180 CalApp3d Page 355] effective December 9, 1983. He appealed to the California State Personnel Board. After a hearing an administrative law judge prepared a proposed decision upholding plaintiff's dismissal and the board adopted the proposed decision as its decision in the matter. Plaintiff petitioned the Superior Court of Sacramento County for a writ of administrative mandate. The court denied the petition and entered judgment against plaintiff. On appeal it is contended: (1) the findings of the board are not supported by substantial evidence; (2) plaintiff's dismissal was improperly motivated and no cause for dismissal was established; (3) any negligence committed was the fault of the institution and its chief medical officer; (4) evidence was improperly excluded by the administrative law judge; and (5) the penalty of dismissal was excessive. We shall affirm.