Victories

The following true cases are examples of the quality of our work:

Medical Board of California

Physician, Previously Denied California License, Granted Clear License (2012)

A physician had applied for a California license in 2009, but was denied due to an adverse action during residency and two other state investigations. On reapplication, we explained the mitigating facts surrounding the adverse action and showed that the other matters were without merit. The California Medical Board granted a clear license.

Physician with Residency Probation and Resignation Granted Clear License (2012)

A medical resident license applicant who was placed on probation then later resigned from his residency applied for a California license. After helping the client craft his explanation to the Board and supply the appropriate information to the Board, a clear license was granted.

Criminal Conviction Mandated Reporting Results in No Disciplinary Action (2010)

Client had been convicted of misdemeanor resulting from solicitation of prostitution. After assisting client with mandated disclosures to Board, matter was closed without discipline.

Petition for Reinstatement Granted (2010)

Client had lost his license for serious misconduct and in an unrelated matter had been sentenced to and served time in state prison. After an administrative hearing, petition for reinstatement granted, license reinstated on probation.

Denial of License Reversed, License Granted (2008)

Client was denied his PTAL due to a prior conviction for possessing a destructive device. After an administrative hearing, PTAL (resident's license for foreign medical school graduate) was granted, no restrictions.

Revocation Case Results in Probation Instead (2006)

A physician's license was suspended for sexual conduct with patients. A revocation hearing was set, and the Board suggested he simply give up his license. After a hearing before an administrative law judge and subsequently before the Medical Board itself, the Board agreed to reinstate the license on probation.

Motion to Suspend License Denied, License Saved (2003)

The Attorney General sought to suspend a physician's license in criminal court under Penal Code §23 after a physician was charged with felony embezzlement. Attorney Ray fought the motion and won. The physician's license was not suspended, and the physician was permitted to practice while the criminal case was pending. Ultimately, the physician cleared his name in criminal court, and his license privileges were never interrupted.

Department of Real Estate

Mortgage Loan Originator Endorsement Granted Despite Murder Conviction (2012)

Licensed real estate salesperson with a 30-year-old murder conviction sought MLO endorsement. The Department of Real Estate opposed the application for the endorsement and sought revocation of the salesperson's license. During argument at hearing, Department abandoned its attempt to revoke. The Administrative Law Judge granted the application and the client achieved his endorsement.

Accusation Withdrawn (2011)

The Department sought revocation of a broker's license and his salesperson's license based upon a civil judgment for fraud. After we took over the case and represented the client, DRE reversed its position and withdrew the accusation rather than go to hearing.

Accusation for Felony Conviction Results in Only License Restriction (2011)

DRE sought the revocation of a real estate salesperson's license after he was convicted of felony false imprisonment and misdemeanor domestic violence battery, and had served 240 days in jail. Case went to hearing while the licensee was still on probation. After hearing, the administrative law judge only restricted the license, license privileges were not interrupted.

License Revocation Reversed on Appeal (2010)

A real estate salesperson's license was revoked due to domestic violence and excessive drinking. On appeal, we demonstrated due process violations in the handling of the case, resulting in a stay on the revocation. The DRE reversed its position and a negotiated settlement was reached for a restricted license.

Petition for Reinstatement Granted After Felony Conviction (2009)

Client's license had been revoked due to a felony conviction for drunk driving with injuries. After filing a petition and meeting with the deputy commissioner, license successfully reinstated on restriction.

License Granted After Prior Unsuccessful Hearing (2009)

Client tried for a second time to get her license, which was previously denied due to a theft conviction and a record of discipline of another license. The case went to hearing, after with the administrative law judge granted the license with no restrictions.

License Restricted Only Despite Recent Felony Conviction (2009)

Client had been convicted and jailed for felony grand theft, at the time of his hearing he was still on supervised felony probation and restitution was owed. License restricted only, client ordered to take an ethics exam and classes.

Department of Insurance

Restricted License Granted after "Wet Reckless" Driving and Failure to Disclose (2012)

A license applicant to the Department of Insurance was convicted of reckless driving with alcohol involved, and did not disclose the conviction on the license application. After negotiating with the Department, a restricted license was granted without an administrative hearing.

License Saved After Domestic Violence Conviction and Failure to Disclose (2011)

Client was convicted of domestic violence battery, vandalism and reckless driving with alcohol involved, and failed to disclose the convictions on an insurance license renewal application. After we represented the client at hearing, the judge agreed to only restrict the insurance broker's license.

License Saved and New License Granted After Multiple Convictions Including Assault with a Deadly Weapon (2011)

An insurance salesman was threatened with loss of his life agent's license and the denial of a property and casualty license application after convictions for drunk driving, driving on a suspended license and assault with a deadly weapon. The existing license was saved (put on restriction only) and the Department agreed to issue the new license also on a restricted basis.

License Granted in Child Pornography Case (2011)

The Department opposed the granting of an insurance broker's license because the applicant had been convicted of a child pornography charge and was a registered sex offender. After hearing, the administrative law judge agreed that the client's conviction should not bar him from licensure and he was rehabilitated, and granted a restricted license, which the Department issued.

Investigation Stopped Short of License Revocation, License Restricted (2010)

Licensee had been convicted of brandishing a weapon, aggravated assault and domestic violence, the Department investigated for possible license revocation. After explaining the circumstances to the Department, the Department agreed to only restrict the license without a hearing.

License Only Restricted After Brandishing Firearm (2010)

Client was convicted of brandishing a firearm and sentenced to jail, after learning of this the Department filed an accusation for license revocation. After an administrative hearing, license only restricted, no interruption of the license.

Accusation Dismissed (2009)

Client had been convicted of a battery charge involving a domestic dispute. After we explained the circumstances of the case at hearing, the administrative law judge agreed no discipline was needed. Accusation dismissed.

License Granted After Three Previous Denials (2009)

Client had three times applied for a fire and casualty broker-agent license and three times was denied due to prior convictions. After convincing the Department to reconsider its last denial, the Department reversed its position and granted a restricted license.

Revoked License Reinstated After Successful Appeal in Superior Court (2008)

Client lost his hearing before an administrative law judge and his license was revoked, due to a domestic violence conviction. On appeal, the Superior Court judge agreed that the Department committed errors and granted a writ of administrative mandamus. License reinstated.

License Granted After Multiple Convictions and Incomplete Application (2008)

Client had been convicted in multiple cases, including possession of a weapon and brandishing a weapon, and did not make a required disclosure to the Department. After the Department refused to adopt the judge's decision, the Department agreed to reverse its decision and granted a restricted license.

Full License Granted on Appeal After Three Denials (2008)

Client had three times applied for a full license but was denied due to a prior child pornography conviction that was later expunged. We filed an appeal from the third dismissal, the Department reversed its position and granted the full license.

Accusation Dismissed (2007)

Client had been convicted of misdemeanor child endangerment in a plea bargain reached for convenience, he had not committed the offense, it was merely a compromise. At hearing, the administrative law judge agreed there was no misconduct. Accusation dismissed.

Accusation Dismissed (2007)

Client was convicted of misdemeanor domestic violence, however, he was the victim of violence in the incident. The administrative law judge agreed that no license discipline was appropriate. Accusation dismissed.

Boards of Registered Nursing / Licensed Vocational Nursing

Clear License Granted for Client with Convictions for Possession of Cocaine and Under the Influence of Cocaine (2012)

Client was initially denied a license due to convictions for possession of and being under the influence of cocaine. After the Board considered mitigating and rehabilitative factors, including the age of the convictions, the denial case was dropped and client was given a clear license.

Clear License Granted in High Blood Alcohol DUI Case (2012)

A registered nursing applicant was offered probation by the BRN after a high blood alcohol level drunk driving conviction. After advocating on the client's behalf at an administrative hearing, the Statement of Issues was dismissed and the applicant was given an unrestricted license.

Citation for Theft and Failure to Disclose (2012)

A licensed vocational nursing applicant committed theft and failed to disclose the theft conviction on the application to the LVN Board. After presenting a strong package of rehabilitation evidence, the Board agreed to settle the case for a modest monetary citation, with no additional license restriction.

Probationary License with Standard Terms Granted after Multiple DUI Convictions (2012)

A licensed vocational nurse suffered DUI convictions in 2006 and 2009. The LVN Board refused to settle and demanded outright revocation of the license. After we presented mitigation and rehabilitation evidence, the Administrative Law Judge ordered a probationary license for only two years with only the standard terms and conditions.

Public Reproval for High Blood Alcohol DUI Case (2011)

An RN faced revocation after a high blood alcohol level drunk driving conviction with facts showing hit and run. After advocating on the client's behalf explaining complex mitigating facts, the Board agreed to a public reproval only, the lowest level of discipline.

Disciplinary Case Dropped After Investigation (2010)

The Board investigated client's petty theft conviction, in preparation for filing an accusation. After presenting a defense of mitigating evidence, the Board agreed to close the investigation, no charges filed.

License Reinstated (2010)

Registered nurse had lost his license due convictions for possession of drugs and burglary. Mitigation and rehabilitation case presented to the Board of Registered Nursing. License reinstated on probation.

License Saved in Patient Fatality Case (2007)

Labor and delivery nurse was accused of malpractice for failure to properly treat a septic patient, resulting in loss of the newborn. After hearing, the administrative law judge agreed with our defense and only imposed license probation.

Disciplinary Case Dropped After Investigation (2007)

Hospital fired a nurse and filed a complaint with the Board that the nurse had self-administered drugs. Our investigation showed otherwise. Board was persuaded to drop the case, no charges filed.

Other Licensing Agencies

Board of Accountancy - License Saved After Felony Conviction (2007)

Client had been convicted of felony conspiracy to defraud in Federal Court. The Board's best offer prior to hearing, after considering significant evidence of mitigation and rehabilitation, was a three year license suspension. After hearing, the administrative law judge imposed only probation with no license suspension.

Board of Chiropractic Examiners - Suspension Dropped, Probation Shortened (2010)

Prior to hearing, the Board's best offer to client was a license suspension followed by a three year probation. At hearing we challenged the Board's assumptions and showed mitigation and rehabilitation evidence. After hearing, the suspension was dropped, and probation shortened to two years.

Department of Corporations Sought $5,000,000 in Fines, Reduced to $551 (2012)

A payday advance company was accused of operating without a valid license, and the Department of Corporations sought administrative penalties of $5,620,000 for more than 2,000 citations. After an administrative hearing, the Administrative Law Judge ordered a single citation of $551.54.

Dental Board - Accusation Withdrawn (2011)

An accusation was filed against a dentist for unprofessional conduct after a petty theft conviction. After guiding the client through building a mitigation and rehabilitation case, the Board reversed itself, withdrew the accusation, and dropped the case.

Dental Board - Client Receives Reprimand (2010)

Client was convicted in criminal court in case involving alleged insurance fraud. Working closely with client's criminal defense attorney, we went back to criminal court to get charges reduced, then negotiated the case from an accusation seeking revocation or probation down to a simple reprimand.

Dental Board - Client Licensed After Felony Conviction (2011)

Client was initially denied a license after entering a plea of guilty to felony drug possession. After negotiating with the Board, client was able to obtain a probationary license.

Department of Motor Vehicles – License Saved after Felony Fraud Conviction (2012)

Client had been convicted of felony fraud after illegally obtaining unemployment benefits for several months. After an administrative hearing, the administrative law judge granted a probationary license for only two years.

Department of Motor Vehicles - Probationary License Granted for Client Convicted of Fraud (2012)

Client was convicted of making a false statement to get unemployment benefits, a crime involving moral turpitude. Initially, his salesperson license application was denied. After representation by our firm at hearing, the judge agreed that the Client was rehabilitated and granted him a probationary license.

Board of Occupational Therapy – Client Accused of Falsifying Timecards, Case Dismissed with Warning (2012)

After Board enforcement accused our client of falsifying timecards and threatened license discipline, we negotiated our client a warning letter without further discipline. The case was dismissed and no accusation was filed against the license.

Board of Pharmacy - Sought $52,300,000 in Fines, Reduced to $55,050. (2012)

Clients were accused of dispensing medications online without a physician's authorization, and the Board of Pharmacy sought more than $50 million in administrative penalties. After an administrative hearing, the total amount was reduced to less than one-tenth of a percent of the original citation, to $55,050.

Board of Pharmacy - Accusation Withdrawn (2010)

Licensee was named with several others and pharmacy owner in a case involving numerous work site violations. After we assumed representation of the client, the accusation was withdrawn against our client pharmacist.

Board of Pharmacy - Intern Registration Granted (2009)

An applicant for an intern registration had been convicted of possession of marijuana in a possession for sale case. After assembling a case showing dramatic rehabilitation, the Board reversed their position and granted a probationary intern registration.

Physical Therapy Board - Accusation for Revocation or Suspension Reduced to Citation (2010)

Board filed an accusation against client alleging incompetence and negligence. Through settlement negotiations, accusation was dropped and the matter was resolved for a citation and monetary penalty with no license restriction or probation.

Bureau of Automotive Repair - Second Chance at Probation Granted to Smog Technician (2007)

Client smog technician was charged with violating probation, the B.A.R. insisted upon license revocation. After we took the matter to hearing, the judge agreed this was not a revocation case and offered client a second chance on probation. The shop owner, represented by another attorney, surrendered his license prior to the hearing.

Department of Social Services - Exemption Granted and Revoked License Reinstated (2010)

Client's license had been revoked for allowing an individual with a criminal record to be in the home, and client's husband had a record of seven criminal convictions. After hearing, the judge agreed that there was no reason to deny client a license or to grant and exemption to client's husband, and ordered the home to be licensed for foster care.

The above case examples shall not be construed as a warranty, guarantee, promise or prediction of future success. Every case is unique and yields a distinct result based upon its individual merits and circumstances. The content of this website is for general informational purposes only, and does not constitute legal advice.