MARVIN v. SANDRA SHEWRY
Filed 3/13/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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MARVIN LIEBLEIN, INC. et al., Plaintiffs and Appellants, v. SANDRA SHEWRY, AS DIRECTOR, etc., Defendant and Respondent. |
C050233
(Super. Ct. No. 05CS00180)
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APPEAL from a judgment of the Superior Court of Sacramento County, Gail D. Ohanesian, J. Affirmed.
Hooper, Lundy & Bookman and Patric Hooper for Plaintiffs and Appellants.
Bill Lockyer, Attorney General, Thomas R. Yanger, Assistant Attorney General, Joseph O. Egan and Paul Reynaga, Deputy Attorneys General for Defendant and Respondent.
Plaintiff Marvin Lieblein (president and sole shareholder of Marvin Lieblein, Inc.), doing business as Family Pharmacy,
submitted an application to defendant California Department of Health Services (the Department) for continued enrollment as a Medi-Cal pharmacy provider. The application, which Lieblein signed under penalty of perjury, stated that he had not incurred any discipline against his license. In fact, the State Board of Pharmacy had recently revoked his license, stayed the revocation, and imposed three years' probation.
When the Department discovered the facts, it denied Lieblein's application for â€