How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118765
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

The Med Bd of Calif (MBC) took action against my license, which

Resolved Question:

The Med Bd of Calif (MBC) took action against my license, which it arbitrarily made effective 12/22/08. According to GC 11523, a Writ of Mandate may be filed within 30 days of which the last day of reconsideration (LDOR) CAN be made. However, 11523 goes on to toll the statue if, the petitioner requests the administrative hearing transcripts within day 10 days of the LDOR CAN be made. (which I did well within this 10 days, on 1/14/09) The AG demurred on the grounds that I filed on 1/23/08 (2 days late), citing GC 11521(a), which states that the LDOR is either 30 days after mailing or receipt of the adopted decision OR on a date set earlier by the board. The board set this effective date to be 12/22/08, even though I received the decision only 3 or 4 days earlier.

Can anyone sort this out? There is much case law to support the extended statue of limitations, and the AG cites nothing to support his position. Much appreciated/
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
As you have already noted, Jahangiri v. Medical Bd. of California, 48 Cal.Rptr.2d 187, 40 Cal.App.4th 1657 (Cal. App. 2 Dist., 1995) is the seminal case regarding the tolling of the statute of limitations when transcript is ordered. The court was pretty clear that this meant that the statute of limitations would stop running while the transcript was ordered until it was received. The power to order reconsideration is different than the statute that specifically states the reconsideration statute of limitations will be tolled when the transcript is requested and it is the AG grasping at straws to seek to deny the appeal, but Jahangiri stands for exactly what you claim it stands for and the appeal should be allowed.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Law Educator, Esq. and other Business Law Specialists are ready to help you