In 2017, Ray & Bishop won stay orders in three Superior Court cases, stopping license revocations while our we fought appeals in Superior Court. Two stays were granted in Board of Registered Nursing cases, permitting the nurses to work with clear licenses while we fought their appeals. A third stay was granted in a Bureau of Real Estate case, enabling the broker to transact real estate with a clear license while we fought on in court. The appeal process is a petition for writ of administrative mandamus. A writ of administrative mandamus, or administrative mandate, can result in an agency decision being overturned. The Superior Court can order the administrative agency, such as the Board of Registered Nursing, to reverse its decision and not revoke a license.
In most cases a Superior Court judge will only grant a stay order if the judge is convinced that the licensee will prevail on the merits of the appeal. In other words, a stay order can be a strong early indication that the licensee will win on appeal. Stay orders can be very difficult to win, because in almost all cases the Attorney General vigorously fights against a stay order being granted. In all appeal proceedings, all state agencies are represented by the Attorney General from the California Department of Justice. Petitions for writs of administrative mandamus are typically brought in Sacramento County Superior Court.