Filed 6/28/22 Peavy v. Cal. Victim Compensation etc. CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or 

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purposes of rule 8.1115. 

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

GARY L. PEAVY,

Plaintiff and Appellant,

v.

CALIFORNIA VICTIM 

COMPENSATION CLAIMS BOARD,

Defendant and Respondent.

 D079193

 (Super. Ct. No. 37-2020-00028849-

 CU-WM-CTL)

APPEAL from a judgment of the Superior Court of San Diego County, 

John S. Meyer, Judge. Affirmed.

Gary L. Peavy, in pro. per., for Plaintiff and Appellant.

Rob Bonta, Attorney General, Danielle F. O’Bannon, Assistant 

Attorney General, Richard F. Wolfe and Tim J. Vanden Heuvel, Deputy 

Attorneys General for Defendant and Respondent.
2

Under California law a crime victim may seek compensation from the 

Victim Compensation Board (Board) for certain economic losses. (Gov. 

Code,1 § 13950 et seq.) A lost income claim requires medical evidence to 

“verify” the disability is “a direct result” of the crime. (Cal. Code. Regs., tit. 2, 

§ 649.32, subd. (g).) Judicial review of a final Board decision is by s petition 

for a writ of mandate filed in the superior court. (§ 13960, subd. (a).)

 In this case, Gary Peavy appeals from a judgment denying his petition 

for a writ of mandate challenging the Board’s denial of his lost income claim.

We affirm because Peavy submitted no medical evidence to support a finding 

that his claimed disability was a direct result of any crime. 

FACTUAL AND PROCEDURAL BACKGROUND

A. The Domestic Violence Incident

On October 7, 2018, Peavy’s girlfriend, Diane N., caught him driving 

with another woman.2 She followed Peavy’s car until he parked in front of a 

police station. Exiting her car she yelled, “[H]e fucking over me! Every time 

I turn around he’s with a different woman!” She shoved and grabbed Peavy’s 

left shoulder. A police officer witnessed the melee and arrested Diane for 

domestic battery. According to the police report, Peavy had “no visible or 

reported injuries” and he declined to press charges. 

B. Summary of Peavy’s Medical Treatment

Three days later on October 10, Peavy sought medical attention at a 

hospital emergency room—but not for a left shoulder injury from a battery. 

Rather, he complained of right shoulder pain from being tased earlier that 

1 Undesignated statutory references are to the Government Code.

2 Dates are in 2018 unless otherwise specified.
3

day.3 Based on a “clinical history” of “electrical injury to his right shoulder,” 

a physician excused him from work for seven days. 

On October 16 (nine days postbattery), Peavy was seen by Kevin 

Mould, M.D. as a follow up to the October 10 exam and treatment. The 

physician’s notes state Peavy was seen for neck, back, shoulder, and leg pain 

“s/p [status post] ‘hit with an electrical device.’ ” (Italics added.)4 Under 

“Social History,” the medical records states that Peavy denied being a victim 

of domestic violence:

“Domestic Violence:

VICTIM PHYSICAL/VERBAL ABUSE

Victim of verbal or physical abuse? No

Date Assessed: 10/16/2018.” 

About three weeks postincident (October 26), Peavey was examined by 

John Qian, M.D. for complaints of “constant” pain in the back, left shoulder, 

neck, and knees that he had been experiencing “for 5 years.” He told 

Dr. Qian that the pain became worse after being “tased by a friend this past 

month . . . .” There is nothing in Dr. Qian’s report about the October 7 

domestic violence incident. 

On November 13, another physician (Sunny Wang, M.D.) examined 

Peavy for complaints of worsening back pain after he slipped and fell “4 days 

ago.” Dr. Wang’s report does not mention anything about any domestic 

violence injury. 

3 Peavy was employed as a bus driver. Apparently, he was tased by a 

coworker in a prank that might charitably be described as being ill-conceived. 

4 The medical records also note that Peavy was “suing [a] correctional 

facility” for injuries to his back and neck he claims occurred “while 

incarcerated.” 
4

C. Peavy’s Victim’s Compensation Claim

In April 2019, Peavy filed an application with the Board seeking lost 

income from October 11 to October 17, which he claimed was caused by 

injuries he received in the battery. At his request, the Employment 

Development Department sent the Board a disability claim Peavy had 

previously filed. It was signed by Dr. Qian, who stated the disability was 

caused by an accident or trauma occurring on-the-job beginning in November 

2009. 

In February 2020, the Board denied Peavy’s claim, determining there 

was insufficient evidence that he missed work “as a direct result of the 

qualifying crime.” Peavy later pursued an administrative appeal of that 

decision.5 He claimed that Dr. Qian “checked the wrong boxes” on the 

disability form. In June 2020, the Board rejected his appeal citing “a lack 

of . . . evidence the claimant missed work during the period as a direct result 

of the crime.” 

After the Board denied Peavy’s request for reconsideration, he filed a 

petition for a writ of mandate in the superior court.6 The petition’s proof of 

service bears the signature of Diane N.—the woman who committed the 

battery. It also indicates that she lives on Orlando Street in El Cajon. Some 

of the paystubs and a W-2 show that is Peavy’s address too.

5 In the administrative appeal, Peavy enlarged the time of the claimed 

disability from seven days to four months. 

6 Peavy was self-represented before the Board, in the superior court, and 

remains so on appeal.
5

D. The Writ Petition

In his writ petition, Peavy explained that his medical records contain 

nothing about the October 7 crime because he “feared for his life in this case 

if the abuser found out” he was pursuing a lost income claim.7 After the 

Attorney General filed opposition and the court conducted an unreported 

hearing, the petition was denied in a minute order stating in part:

“None of the medical records reported that [Peavy] was 

injured as a result of domestic violence that occurred on 

October 7, 2018.” 

DISCUSSION

The standard of review of a judgment denying a petition for writ of 

administrative mandate is the same as that of the trial court when it reviews 

the determination of the administrative board. We must determine if the 

administrative findings are supported by substantial evidence in light of the 

whole record. (Code of Civ. Proc., § 1094.5, subd. (c); see also Blazevich v. 

State Bd. of Control (1987) 191 Cal.App.3d 1121, 1125 (Blazevich).)8

The Legislature has declared it to be in the public interest to assist 

state residents in obtaining compensation for pecuniary losses suffered as a 

result of criminal acts. (§ 13950, subd. (a).) Accordingly, under specified 

circumstances the Board may compensate a crime victim for loss of income 

directly resulting from crime. (See Gov. Code, § 13957.5, subd. (a)(1).) The 

7 Given that Diane N. (the “abuser”) signed the proof of service and she 

and Peavy shared the same address—that explanation might be met with 

considerable skepticism.

8 Peavy does not have a vested right to crime victim benefits. (Blazevich, 

supra, 191 Cal.App.3d at p. 1125.) Thus, we reject his contention that the 

superior court erred by failing to apply an independent judgment standard of 

review or to “admit” new evidence for the first time at the hearing. 
6

person seeking compensation has the burden of proof by a preponderance of 

the evidence. (§ 13959, subd. (c).) First and foremost, the loss must be 

“verif[ied]” by the applicant’s treating health care provider, who “shall” 

include a “certification that the disability resulted directly from the 

qualifying crime.” (Cal. Code. Regs., tit. 2, § 649.32, subds. (b) & (g).)

We agree with the superior court’s assessment of the evidence. None of 

the medical records reported that Peavy was injured as a result of domestic 

violence that occurred on October 7, 2018. Therefore, the Board’s findings 

are supported by substantial evidence in light of the whole record. 

In his reply brief, Peavy “admits he was unable to get the required” 

documents to support his lost income claim. He maintains that it was only 

“after researching it” did he “realize it was the [d]omestic [v]iolence that had 

cause[d] [his] injury and no medical staff would change their diagnosis 128 

days later.” Thus, even Peavy concedes the requisite medical evidence was 

not before the Board and does not exist.9

9 Because of this disposition, it is unnecessary to address Peavy’s 

contentions that the Board denied him due process by failing to follow its own 

hearing procedures, failed to properly investigate his lost income claim, and 

erroneously failed to compensate him for a preexisting condition exacerbated 

by the crime. Peavy’s reliance on Brady v. Maryland (1962) 373 U.S. 83 is 

misplaced because that case involves the government’s suppression of 

evidence favorable to an accused in a criminal case, not the Board’s

obligations in considering a lost income application.
7

DISPOSITION

The judgment is affirmed. Respondent is entitled to costs on appeal.

DATO, J.

WE CONCUR:

McCONNELL, P. J.

AARON, J.