Alternative Health Systems

Medical Board of California v Tod H. Mikuriya, M.D.

The documents listed below are in reverse chronological order and are in html format unless they are followed by "(PDF)" in which case they are in Portable Document Format. The Adobe Acrobat Reader is available for free download.

February 13, 2007 Dr. Mikuriya recieves "Decision after Remand" from the Medical Board, this is the revised final decision in his case. The difference being that this version does not call for $75,000 in investigative fee reimbursements.

November 7, 2005 Medical Board files "Response to Petition" and Memorandum of Points and Authorities in Opposition to Petition. The response is here and the memo is here. (PDF)

June 13, 2005 Dr. Mikuriya files "Second Amended Petition for Writ of Administrative Mandate." This is the first filing with the new attorney, Scot Candell. Filing available here (large PDF).

December 20, 2004 Dr. Mikuriya files "First Amended Petition for Writ of Administrative Mandate" and "Complaint for Damages and Injunctive Relief." The filing is available here (pdf) and its appendixes are here (pdf). This filing is the best synthesis of Dr. Mikuriya's position to date.

September 21, 2004 Injunctive relief appeal denied (pdf) pending exhaustion of administrative remedies. (see March 10, 2004 entry below.)

July 21, 2004 Order Reassigning Petition for Writ of Mandate to one judge [pdf]. Dr. Mikuriya assigned new judge in Sacramento Superior Court, Honorable Judy Holzer Hersher.

Legal Wrangling Continues: added letters to Judge Burger-Plavan from Jane Simon--4/23/04 (pdf) and Charles Bond--4-26-04 (pdf). And letter from Charles Bond to Simon and Mercer, Deputy Attornies General--4-27-04 (pdf)

April 23, 2004, Superior Court issues Order (pdf) dropping the hearing on Dr. Mikuriya's request for stay pending exhaustion of other administrative remedies. Dr. Mikuriya's lead appeal attorney, Charles Bond, Esq. files Declaration Regarding Hearing on Ex Parte Request (pdf) with an addendum (pdf).

April 22, 2004, Dr. Mikuriya files Reply to Opposition to Request for Stay of Administrative Decision and Memorandum of Points and Authorities (pdf).

April 16, 2004 Medical Board files Opposition to Petition for Reconsideration (pdf), hearing scheduled 4/23/04.

April 16, 2004, Dr. Mikuriya recieves notice of hearing (pdf )scheduled for 4/23/04 in Sacramento Superior Court regarding his request for stay.

April 13, 2004: Dr. Mikuriya files a flurry of pleadings in Sacramento Superior Court. Pettition for Writ of Administrative Mandamus (pdf), Preliminary Memorandum of Points and Authorities in Support of Petition for Writ of Administrative Mandamus (pdf), Notice of Hearing for Writ Petition (pdf), Declaration of Tod H. Mikuriya, MD in Support of Writ of Administrative Mandamus and Ex Parte Application for Temporary Stay Order (pdf), Ex Parte Application for Order to Show Cause and Temporary Stay Order (pdf), and Memorandum of Points and Authorities in Support of Ex Parte Application for Temporary Stay Order (pdf)

April 13, 2004: Dr. Mikuriya begins the appeal process by filing Request for Immediate Stay (pdf) and Petition for Reconsideration (pdf) with the medical board.

April 1, 2004 Medical Board Chief of Enforcement, Joan Jerza, declines to reopen case (pdf).

April 1, 2004 Attorney, Susan Lea files request to reopen case (pdf) based upon AJL Lew's involvement with conservative group Powerhouse Ministries (link takes you off site) of Folsom.

March 30, 2004 Medical Board informs Dr. Mikuriya (pdf) that they are releasing information regarding his case to the public.

March 19, 2004 Medical Board adopts AJL Lew's proposed decision in its entirity, issues final decision, large pdf.

March 10, 2004 Having had his initial filing for injunctive relief denied, Dr, Mikuriya appeals to California Applelate District. Posted Apellant's Opening Brief (large PDF), Respondent's Brief (PDF), Respondent's Motion to Dismiss Appeal (PDF) and Respondent's Request for Judicial Notice (PDF).

March 8, 2004 AJL Lew's "Proposed Decision"[A 46 page pdf document, with a cover letter explaining procedure (1 page pdf).]

December 23 2003, Dr. Mikuriya's attorney enters amicus brief "large pdf) by CMA which had previously been filed in another case. Susan Lea, Dr. Mikuriya's lead attorney reiterates retraction of "any statement concerning John Gordnier that he was removed from the Attorney General's Task Force as a disciplinary measure." Further "apologizes to...court and Mr. Gordnier for the inclusion of this information."

December 6 and 12, 2003, Dr. Mikuriya's lead attorney notifies Sr. Assistant Atttorney General, John Gordnier of intent to retract portions of Dr. Mikuriya's closing brief which had alleged Gordnier's removal from Attorney General's Taskforce on Medical Marijuana as a disciplinary action.

November 21, 2003, Both sides file rebuttal briefs--Administrative Law Judge Lew to issue findings end of December. Dr. Mikuriya's rebuttal brief (PDF) and the Medical Board's rebuttal brief (PDF).

November 7, 2003, Both sides file closing Briefs filed with ALJ--final arguments scheduled for November 21. Dr. Mikuriya's brief (PDF) and the Medical Board's brief (PDF) posted.

Transcripts from hearing with ALJ: Presettlement Conference, 9/3/03, 9/4/03, 9/5/03, 9/8/03, 9/9/03, and 9/24/03 [Note each of these files is a large PDF, dial up users may not want to click on the above.] Although ordered immediatly following the hearing, these transcripts were not released to Dr. Mikuriya until June 2004. Effectively preventing an effective appeal of the decision.

Fred Gardner has written some excellent coverage of Dr. Mikuriya's travails with the Medical Regulatory Bureaucracy. They can be found in the Summer edition of CCRMG's journal, O'Shaughnessy.

8/25/03 Dr. Mikuriya files Motion in Limine (8 page pdf) to exclude reference to standard of care at September hearing.

8/20/03 Dr. Mikuriya rejects Medical Boards final offer (large pdf) at compromise, hearing set for September 3rd through 9th. Rejecting the Board's open ended PACE program, Dr. Mikuriya vows to fight this out before Administrative Law Judge Lew case by case. "I am not going to admit to something that I did not do," declares Mikuriya. Compare the final offer to the Medical Boards model disciplinary guide (large pdf).

08/03/03 Administrative Law Judge Lew rules against Dr. Mikuriya's Motion to Dismiss (large pdf). Hearing still scheduled for September.

08/03/03 Sonoma County Narcotic Task Force investigative report (pdf) which led to the next item.

07/25/03 AG's office files Second Amended Accusation (large pdf). This is mostly a rehash of the original accusation--the pages containing the new allegations--which involve an undercover Sonoma drug task force officer--are available here (pdf).

07/03/03 Attorney General's Office files Opposition to Dismiss, delivered to Dr. Mikuriya 7/8/03.

Dr. Mikuriya files for injunctive relief, 5/21/03, initiating a civil suit to compel the medical board to end its investigations.

04/24/03 Added Motion to Dismiss, final pleadings before July 11th settlement conference. (21 page pdf)

11/7/02 Notice that Attorney General's Office has scheduled a hearing on Dr. Mikuriya's case. (PDF)

6/28/02 Letter from medical board stating that Dr. Mikuriya's case was being forwarded to the Attorney General's office for possible action for writing marijuana recommendations. (PDF)

6/27/02 Investigative Reports filed by Medical Board Investigator Tom Campbell, report 1 and report 2 (both are large PDF)

2/6/02 Continuing audiotape transcript of the above interview.

1/16/02 Audiotape transcript of Medical Board Interview of Dr. Mikuriya by Medical Board Investigator Tom Campbell. During half of this interview the audio failed to work and is therefore not available.

11/19/01 Judge orders the turning over of 44 sets of patient records. Dr. Mikuriya scores a victory in protecting the privacy of the patient information. Read the stipulated order to turn over records. (PDF)

[The legal battle that occurred between May and October 2001 which bridged between receipt of the subpoenas listed below and the stipulated order above can be found here.]

7/27/00 Notice of Defense, Attorney Susan Lea lays out the key points of Dr. Mikuriya's defense. (PDF)

7/14/00 Complaint from Division of Medical Quality Medical Board of California to State Attorney Bill Lockyer's office asking for action against Dr. Mikuriya's license. (PDF)

3/24/00 Letter from Medical Board informing of possible Attorney General action against Dr. Mikuriya.

Transcript of Medical Board hearing 9/15/99