Gaenslen

Eugene C. Gaenslen appeals from a judgment denying his petition for writ of mandate pursuant to Code of Civil Procedure section 1094.5, subdivision (d) to compel the Board of Directors of St. Mary’s Hospital and Medical Center to reinstate him to membership on the hospital’s medical staff.

For approximately 10 years, appellant served on the medical staff of St. Mary’s Hospital and Medical Center of San Francisco (Hospital), a private, nonprofit hospital governed by respondent board of directors. In November 1979, a medical staff department of medicine ad hoc investigating committee was convened for the purpose of investigating appellant’s practice at Hospital. Following an investigation conducted pursuant to medical staff bylaws, the committee unanimously recommended that appellant be expelled from Hospital.

The medical staff executive committee, a standing committee of the medical staff, then considered the recommendation in accordance with the bylaws. They reviewed the results of the earlier investigation and invited appellant to two of its meetings to discuss the perceived deficiencies in his practice. Their decision was to recommend unanimously that appellant be…