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SINAIKO v. SUPERIOR COURT

No. C045502.

19 Cal.Rptr.3d 371 (2004)

122 Cal.App.4th 1133

Robert SINAIKO, Petitioner, v. The SUPERIOR COURT of Sacramento County, Respondent; Medical Board of California, Real Party in Interest.

Court of Appeals of California, Third District.

September 30, 2004.

Attorney(s) appearing for the Case

Riordan & Horgan, San Francisco, Dennis P. Riordan, Donald M. Horgan, and Dylan L. Schaffer, for Petitioner.

Sidney M. Wolinsky, Oakland, for Disability Rights Advocates as Amicus Curiae on behalf of Petitioner.

Debra Back, for Children's Advocacy Institute as Amicus Curiae on behalf of Petitioner.

Catherine I. Hanson and Gregory M. Abrams, for California Medical Association as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, James M. Humes, Chief Assistant Attorney General, Carlos Ramirez, Senior Assistant Attorney General, Alfredo Terrazas, Senior Assistant Attorney General, Vivien Hara, Supervising Deputy Attorney General, and Russell W. Lee, Deputy Attorney General, for Real Party in Interest.

RAYE, J.

In its next life, this case may raise fascinating issues involving the standard of care when a physician employs alternative therapies for children suffering from attention deficit and hyperactivity disorder (ADHD) or adults suffering from a wide assortment of hard-to-diagnose symptoms. But in the writ proceedings now before us, we are presented with a more basic deprivation of due process — the wholesale...

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