Anton

Anton v. San Antonio Community Hospital

Bad Law
132 Cal. App. 3d 638·183 Cal. Rptr. 423·1982 Cal. App. LEXIS 1649
Court of Appeal of CaliforniaJune 7, 1982Civ. 25726California5,836 words

Opinion

Opinion

Kaufman, J.

Achilles P. Anton (plaintiff) appeals from a judgment denying his petition for a peremptory writ of mandate to compel San Antonio Community Hospital (Hospital) to reinstate him to membership on Hospital’s medical staff.

This case has been before us before and has been the subject of a decision of the California Supreme Court, Anton v. San Antonio Community Hosp. (1977) 19 Cal.3d 802 [ 140 Cal.Rptr. 442 , 567 P.2d 1162 ] (hereinafter Anton I). The background facts are extensively set forth in that decision, and for convenience portions are repeated here.

“For 13 years preceding the events here in question plaintiff had been a member of defendant hospital’s medical staff—an unincorporated association organized under the auspices of the hospital’s board of directors as required by section 2392.5 of the Business and Professions Code. [Fn. omitted.] During that period, however, he had been the subject of several corrective and/or disciplinary actions taken by committees of the medical staff relative to his failure to complete hospital medical records.” (Anton I, supra, 19 Cal.3d at p. 809 .)

In December 1973, as a result of an investigation of plaintiff’s hospital…

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