Hackethal

Plaintiff, a medical doctor, petitioned the superior court for a writ of mandate to compel defendant Loma Linda Community Hospital Corporation to set aside its decision not to reappoint him as an associate member of the medical staff and to restore his hospital privileges. The court found that the hospital made its decision without affording plaintiff a fair hearing and entered judgment for a peremptory writ of mandate directing the hospital to grant plaintiff a proper hearing or to restore his staff privileges forthwith. Plaintiff appeals from the judgment, claiming he was entitled to unconditional reinstatement or, at the very least, to reinstatement pending a proper administrative hearing.

Insofar as they are pertinent to the issues on appeal, the facts may be briefly stated:

Defendant is a private hospital corporation. In December 1972, plaintiff was accepted as an associate member of the hospital medical staff. The staff bylaws provided for annual review and renewal of staff appointments. In June 1975, plaintiff was informed that the executive committee of the medical staff had decided not to reappoint him for the ensuing year commencing July 1, 1975. In accordance…