Marik

The issue in this original proceeding is whether an individual appointed by the court as a provisional director of a professional medical corporation must be a physician or other “licensed person” as that term is defined by Corporations Code sections 13401 and 13401.5. Petitioner Jaroslav Marik, M.D., objects to an order of the respondent court appointing a retired judge as provisional director of the Tyler Medical Clinic, a professional corporation, owned jointly by Dr. Marik and Dr. Stanley Friedman.

We conclude that the respondent court erred. The matter having been fully briefed, issuance of an alternative writ would add nothing to the exposition of the issues. We therefore direct the issuance of a peremptory writ of mandate.

Facts

Doctors Marik and Friedman each own 50 percent of the stock of the Tyler Medical Clinic and they are the corporation’s only two directors.

In 1983, differences arose between the doctors and they could not agree on how the corporation was to be run. Dr. Friedman initiated a superior court action requesting the appointment of a provisional director. The court appointed Bruce Rolf, M.D., a candidate recruited by Dr. Friedman, who declined…