Abraham
Abraham v. Lancaster Community Hospital
Opinion
Lead Opinion
Woods, J.
I.
Introduction
Appellant, Mathew Abraham, hereafter Abraham, appeals from an order of dismissal following the sustaining of respondents’ demurrer without leave to amend. Abraham’s action in the superior court emanates from allegations made about him by the respondents in a lawsuit in the United States District Court. We conclude that the allegations complained of are protect *801 ed by the absolute privilege found in Civil Code section 47, subdivision 2 and affirm the judgment of dismissal.
II.
Procedural and Factual Synopsis
A. The Underlying Federal Action
1. Original Complaint in Federal Court.
On February 3, 1987, Lancaster Community Hospital, hereafter LCH, filed a complaint in the United States District Court for the Central District of California. Damages, as well as declaratory and injunctive relief were sought based upon causes of action on the following legal theories: antitrust violations, interference with contractual relationships, and interference with prospective economic advantage. 1 The named defendants in the initial complaint of the underlying federal action were Antelope Valley Hospital Medical Center, hereafter Antelope; Maxicare Health Plan;…
Concurring Opinion
Johnson, J.
I concur in the judgment. My differences with the majority are solely at the margins of what is obviously a very scholarly opinion and in no way affect the outcome of this particular appeal. A full expression of those differences is best left for a future case where my reservations bear directly on issues determinative of the result.
Opinion
WOODS (Fred), J.
Appellant, Mathew Abraham, hereafter Abraham, appeals from an order of dismissal following the sustaining of respondents' demurrer without leave to amend. Abraham's action in the superior court emanates from allegations made about him by the respondents in a lawsuit in the United States District Court. We conclude that the allegations complained of are protected by the absolute privilege found in Civil Code section 47, subdivision 2 and affirm the judgment of dismissal.
On February 3, 1987, Lancaster Community Hospital, hereafter LCH, filed a complaint in the United States District Court for the Central District of California. Damages, as well as declaratory and injunctive relief were sought based upon causes of action on the following legal theories: antitrust violations, interference with contractual relationships, and interference with prospective economic advantage. [1] The named defendants in the initial complaint of the underlying federal action were Antelope Valley Hospital Medical Center, hereafter Antelope; Maxicare Health Plan; Blue Cross of California; and Sierra Primary Care Associates, hereafter Sierra.