Ascherman

For reasons which shall appear, I agree that a remand to the trial court is appropriate. I cannot, however, subscribe to the conclusion that the questioned by-law is either unrea-. sonable per se or violative of “minimal common law standards of a fair *515 procedure.” On the contrary, in my opinion the requirement of obtaining letters of reference from three members of the active staff is entirely reasonable and sensible, is rationally connected to the essential and critical purposes of a professional and ethical private hospital and does no violence whatever to standards of fair procedure. I therefore respectfully dissent.

The majority bootstraps its contrary conclusion by means of indulging in rank speculation, viz: “There is too great a danger that the necessary endorsements may be arbitrarily and discrimatorily withheld.” And later: “The by-law has the inherent grave danger that members of the active staff may seek to exclude certain applicants because they are of a certain race, religion, ancestry, because they have testified against them in malpractice suits, or simply because they do not like them;” (italics added).

There is absolutely no evidence whatever in this record…

Plaintiff, a licensed and practicing physician, appeals from a judgment denying his petition for a writ of mandate to compel the respondent, Saint Francis Memorial Hospital, to consider his application for staff privileges. He contends that the trial court erred in upholding a by-law which permits summary rejection of an application *509 for staff membership, without a right to hearing, solely on the basis that such application fails to include three letters of reference from active members of the hospital staff. On the basis of Pinsker v. Pacific Coast Society of Orthodontists (1974) 12 Cal.3d 541 [ 116 Cal.Rptr. 245 , 526 P.2d 253 ], and Ascherman v. San Francisco Medical Society, 39 Cal.App.3d 623 [ 114 Cal.Rptr. 681 ], we have concluded that his contention is well taken and that the judgment must be reversed.

The court found the pertinent facts as follows: The hospital is a privately owned medical hospital and not a public entity but is the recipient of funds made available under the Hill-Burton Act. 1 On August 20, 1970, the physician submitted an application for admission to the medical staff. His application was returned without consideration for the sole reason…

Plaintiff, a licensed and practicing physician, appeals from a judgment denying his petition for a writ of mandate to compel the respondent, Saint Francis Memorial Hospital, to consider his application for staff privileges. He contends that the trial court erred in upholding a by-law which permits summary rejection of an application for staff membership, without a right to hearing, solely on the basis that such application fails to include three letters of reference from active members of the hospital staff. On the basis of Pinsker v. Pacific Coast Society of Orthodontists (1974) 12 Cal.3d 541 [ 116 Cal. Rptr. 245 , 526 P.2d 253 ], and Ascherman v. San Francisco Medical Society, 39 Cal. App.3d 623 [ 114 Cal. Rptr. 681 ], we have concluded that his contention is well taken and that the judgment must be reversed.

The court found the pertinent facts as follows: The hospital is a privately owned medical hospital and not a public entity but is the recipient of funds made available under the Hill-Burton Act. [1] On August 20, 1970, the physician submitted an application for admission to the medical staff. His application was returned without consideration for the…