Long

David M. Long, plaintiff, appeals a superior court order of summary judgment in favor of defendant, Jerry M. Pinto, in a suit for libel, interference with contract and interference with prospective economic gain.

In. early 1976, Dr. Long applied for staff privileges at Mercy Hospital. In July the hospital’s surgical supervising committee denied the application. Long appealed the decision. The appeal prompted the supervising committee to form a judicial review committee (Committee) to look into Long’s professional qualifications. The inquiry included a review of files on Long held at other hospitals where he already had staff privileges. Long consented to the review process.

Pinto, a surgeon, was appointed by the Committee to review Long’s files at Alvarado Hospital. Concerned over information uncovered by his review, Pinto sent a letter on May 20, 1977, to the Board of Medical Quality Assurance (BMQA) a state agency responsible for reviewing the performance of doctors licensed to practice in California. In the letter, Pinto called attention to what he felt was a large number of unnecessary operations performed on elderly rest home patients. He claimed such surgical…