Marmion

Patrick J. Marmion, M.D., appeals a judgment denying his petition for writ of mandate and request for temporary relief, and appeals the order denying his motion to vacate the judgment and enter a different judgment. Marmion seeks reinstatement to the “OB-Gyn Residency Training Program” at Mercy Hospital and Medical Center (Mercy).

Dr. Marmion was in his fourth and final year of a postgraduate residency training program in obstetrics and gynecology (OB-Gyn). Mercy’s residency program is designed as an educational and training program which satisfies the standards of the American Medical Association. A resident who satisfactorily completes the program and receives a favorable recommendation from the program’s administrator may sit for board examination; if the resident passes the examination, he becomes certified as a specialist in obstetrics and gynecology.

The relationship between Mercy and a resident is governed by a contract entitled “House Staff Agreement,” executed by Marmion and Mercy. Pursuant to this contract, Marmion was to be paid an annual stipend of $16,788, from the period of July 1, 1979, to June 30, 1980. The contract states, in part: “The Parties have…