Statute That Prescribes a Negative HIV Test "Shall Be Required of" a Boxer Imposes Mandatory Duty on State Not to Issue License Without the Test

In Corona v. State of California, published today, the 4th DCA, Division 2, reversed the dismissal on demurrer of a boxing referree who sued the state after an HIV-positive boxer fought in a match he referreed, exposing the referree to HIV.  Business & Professions Code section 18712 requires boxers seeking renewal of their licenses to provide evidence to the boxing commission of negative HIV, Hepatitis B and Hepatitis C tests; and to provide the same negative tests before boxing in a match.  Although the statute appears to impose a duty on the boxer, the court held that the statute actually imposes a mandatory duty on the Commission not to issue boxing licenses or allow participation in matches of boxers who fail to provide the negative tests.  It therefore concluded the referree stated a cause of action under Government Code section 815.6.  It reversed the trial court's conclusion that the licensing immunity under Government Code section 818.4 applied.  That immunity, concluded the court, applies only to discretionary licensing decisions; and does not apply to violation of a mandatory duty.