MOTION FOR NEW TRIAL
Set for Law and Motion/Discovery Calendar on Friday, November 21, 2025, Line 1. MOTION FOR NEW TRIAL.
Petitioner's Motion for New Trial is denied. Petitioner fails to establish that insufficient evidence supports the decision or an error of law. (Code of Civil Procedure section 657(6), (7).)
Petitioner argues that his prescription of B12 shots to Patient 1 because it helped her sense of well-being-rather than for medical indication-was not "incompetence" within the meaning of Business & Professions Code section 2234(d). Not so. A "general lack of knowledge, ability" can constitute incompetence. (Kearl v. Board of Medical Quality Assurance (1986) 189 Cal.App.3d 1040, 1056.) Here, the record supports Dr. Katz's assertion that petitioner lacked knowledge regarding the diagnosis and treatment of a vitamin B12 deficiency by prescribing it when it was medically unnecessary.
In any event, other portions of the record, which petitioner does not contest, support the 5-year probation. There were numerous transgressions. Most notably, petitioner ignored his prerequisite for a patient to get an MRI for continued prescription of opioid medication. He also overprescribed Phenergan with Codeine. In the court's independent judgment, the other incidents also support the penalty.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |