MacCRACKEN v. BOARD OF MEDICAL EXAMINERS (1937)

Petitioner sought, by writ of review, to annual an order of respondent, Board of Medical Examiners, revoking petitioner's license to practice medicine. The alternative writ was issued and a hearing had. The trial court gave judgment affirming the order of respondent, Board of Medical Examiners. Petitioner has appealed from this judgment. Respondent now moves to dismiss the appeal.

We are constrained to hold, in the light of recent decisions, that the writ of review is not a proper remedy to review an order of respondent made in a proceeding to revoke a license to practice medicine. The writ of review will lie only to review the exercise of judicial functions, and in the absence of constitutional provision, the Legislature is without authority to confer upon an administrative board any judicial functions. Standard Oil Company of California v. State Board of Equalization, 6 Cal.2d 557, 59 P.2d 119; Whitten v. State Board of Optometry, Cal.Sup., 65 P.2d 1296. The function of the board in a proceeding to revoke a license has been held to be administrative, not judicial. Hartman v. Board of Chiropractic Examiners, Cal.App., 66 P.2d 705.

Since the writ of review was not available to petitioner, the trial court was without jurisdiction to make any order other than one denying the writ. It follows that the motion to dismiss this appeal must be granted. O'Donnell v. Board of Medical Examiners of Cal., Cal.App., 70 P.2d 246.

PER CURIAM.