Fenton Law Group
Writs and Appeals
In dealing with state and federal healthcare agencies, Fenton Law Group regularly files writ proceedings to compel compliance with the law. At the state level, Fenton Law Group has significant experience in writs of mandamus and administrative mandate proceedings against various state agencies, including the California Department of Health Care Services, Medical Board of California, and others. California law affords two primary avenues of recourse: Code of Civil Procedure Section 1085, which permits challenges to arbitrary and capricious failures to perform ministerial duties, and Section 1094.5, which allows recourse when administrative hearings are conducted unfairly or end in results that do not comport with the evidence presented. In addition to use of writ proceedings against governmental entities, occasionally, Fenton Law Group utilizes mandamus proceedings to challenge private administrative actions by hospitals and others.
At the federal level, Fenton Law Group has made pioneering use of writ proceedings on behalf of clients who cannot obtain satisfactory relief in the ordinary course of administrative practice.
Fenton Law Group has been widely recognized for its appellate practice. We have made significant contributions to the development of California healthcare law in both state and federal appellate courts. On behalf of physicians and hospitals, Fenton Law Group has won landmark decisions before the California Supreme Court, the Ninth Circuit Federal Court and the California Appellate Courts. As a leader in the area of healthcare law, Fenton Law Group’s appellate victories have established precedents that have greatly expanded the rights of physicians and healthcare providers.