Legal Question in Civil Litigation in California
I am in need of help. I am currently a registered intern with the Board of behavioral Sciences in CA, and I am finishing my clinical hours to become a therapist. I have spent thousands on school and internships, and because of a DUI I got in 2004, the BBS has decided to place me on probation as an intern for the next 3 years, and require me to adhere to a bunch of things a normal intern doesn't have to do. In January of 2010, I signed an agreement with the BBS, that had very vague language, because I was told that this was as specific as it would get, and I could either sign or go to a trial. My lawyer advised me to sign and i did so. Now, the BBS is starting to add "rules" that aren't expressly written in the contract I signed, and they are things that cost quite a lot of money, such as requiring me to hire an outside supervisor at my expense when I already have 4 where I intern (hiring and outside one is around 200 dollars a week), requiring me to retake a grad level class I already took by Sept (which wasn't stated in the contract,t here was no time limit set) that costs 3000 dollars, etc. These are just 2 of the things out of many that seem to have changed from what I actually signed. Bottom line is because of my finances, I cannot comply with these "new requirements", and feel as if I am again being forced into violating the terms of my agreement, even though this isn't exactly what i agreed to. My father is wondering if I can file a civil lawsuit against the BBS, a government agency, because they are in effect prohibiting me from making a living at what I went to school for, and if I did, could I sue for loss of future earnings, punitive damages, etc? Please advise, I am really out of options, after having over 100,000 dollars in loans and years of training, I am now facing not having a career in my chosen field over a DUI 6 years ago that is now expunged from my record entirely. Do I have any legal recourse?
2 Answers from Attorneys
If the board tries to add and enforce things not covered in the 'contract' you signed, or things not contained in the normal rules and regulations from the board, you would have 'appeal' rights in an administrative process. If you have discussed these issues with your attorney, what did he advise? He knows all the facts and issues. If you didn't, why not? If you are serious about consulting with new counsel, feel free to contact me. Anyone you consult will need to see the entire file and history of this situation.
You don't have a civil action. You do have administrative remedies, which the civil courts only get involved in when a party files a petition for a writ of administrative mandate. (Which requires a great deal of other preliminary administrative steps.)
Have you spoken to your attorney who advised you to sign this deal?
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