Cianci

We granted review to resolve two important questions: (1) whether state courts have jurisdiction concurrently with federal courts over alleged violations of the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) ( 18 U.S.C. § 1961 et seq.); and (2) whether the Cartwright Act (Bus. & Prof. Code, § 16700 et seq.) applies to the medical profession. We answer each question in the affirmative.

I.

The action underlying this proceeding arises, in brief, out of a dispute among several medical doctors over the establishment, funding, and operation of a hyperbaric medicine department at Brookside Hospital in San Pablo. 1

Robert W. Burns, M. D., Joseph D. Sabella, M. D., Burton F. Simmons, M. D., William C. Lyon, M. D., Morris B. Aron, M. D., Stuart I. Gourlay, M. D., Robert H. Herrick, M. D., Carol W. Kassell, and Joseph R. Marriotti, M. D. (hereafter the Burns group) filed a complaint against Paul Cianci, M. D., John Poppingo, M. D., and Ventox, Inc., seeking dissolu *908 tion of a limited partnership, accounting, damages, and impressing of a constructive trust.

In response to the complaint, Cianci (petitioner here) answered and filed a…

I concur in the majority’s conclusion that the Cartwright Act (Bus. & Prof. Code, § 16700 et seq.) applies to the medical profession.

I respectfully dissent, however, to the majority’s holding that state courts have concurrent jurisdiction with federal courts over civil claims under the Racketeer Influenced and Corrupt Practices Act (RICO). ( 18 U.S.C. § 1961 et seq.) I would hold not only that the legislative history of RICO establishes exclusive federal jurisdiction, but also that concurrent jurisdiction is clearly incompatible with the federal interests RICO is intended to advance.

The majority correctly observes that the issue of RICO jurisdiction is one of first impression in this state. Four other courts have addressed this issue, however, and three of them, after examining RICO’s legislative history and compatibility with federal interests, have concluded that federal courts have exclusive jurisdiction over civil RICO claims. 1 The fourth court stated that jurisdiction is presumptively concurrent, but did so without any analysis of the relevant factors. 2 After analyzing the statute as a whole, its language, *926 legislative history, and compatibility with federal…

Berger & Taggart, Brian Connors, Gary D. Berger, Peter Desler, George J. Ziser, Carol A. Clifford, Moore, Clifford, Wolfe, Larson & Trutner, McShane & Felson and Kathleen T. Gunn for Real Parties in Interest.

Horvitz & Levy, Barry R. Levy, Michael R. Tyler, Hassard, Bonnington, Rogers & Huber and David E. Willett as Amici Curiae on behalf of Real Parties in Interest.

OPINION

MOSK, J.

We granted review to resolve two important questions: (1) whether state courts have jurisdiction concurrently with federal courts over alleged violations of the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) ( 18 U.S.C. § 1961 et seq.); and (2) whether the Cartwright Act (Bus. & Prof. Code, § 16700 et seq.) applies to the medical profession. We answer each question in the affirmative.

The action underlying this proceeding arises, in brief, out of a dispute among several medical doctors over the establishment, funding, and operation of a hyperbaric medicine department at Brookside Hospital in San Pablo. [1]

Robert W. Burns, M.D., Joseph D. Sabella, M.D., Burton F. Simmons, M.D., William C. Lyon, M.D., Morris B. Aron, M.D., Stuart I. Gourlay, M.D., Robert H.…