O'Byrne

Introduction

Plaintiffs George T. O’Byrne, M.D. and George T. O’Byrne, M.D., Inc. appeal from a summary judgment in favor of defendants Santa Monica Hospital Medical Center, The Regents of the University of California on behalf of Santa Monica-UCLA Medical Center, and Daniel Wohlgelemter, M.D. We affirm.

Statement of Facts 1

On June 18, 1992, plaintiff George T. O’Byme, M.D. (plaintiff) submitted to defendant Santa Monica Hospital Medical Center (Medical Center) 2 an application for appointment to the attending staff (Application). By it, he sought privileges in internal medicine and cardiology. The Application, which plaintiff signed, contained an acknowledgment that he had received and read a copy of the attending staff bylaws (Bylaws).

Article XV, paragraph 1(b) of the Bylaws sets forth the grounds for a hearing. These include the denial of requested staff privileges, a reduction in privileges and termination of privileges. If the executive medical board takes any of the preceding actions, notice of the action must be given within 10 days. After notice is given, the physician has 30 days in which to seek a hearing on the matter.

*801 After filing his Application,…

I concur but write separately for several reasons.

First, most of the facts recited by the majority are irrelevant. What matters is that Dr. O’Byrne applied for staff privileges, acknowledged receipt of a copy of the medical staff bylaws that were adopted to conform to statewide regulations, failed to provide further information requested by the Medical Center, then sued when some of his medical staff privileges were terminated and his application was denied. Dr. O’Byme’s complaint alleged three causes of action—breach of contract (the bylaws), breach of fiduciary duty, and intentional interference with the practice of a profession. These facts are undisputed and I see no reason to recite the four pages of minutia included in the majority opinion. (Maj. opn., ante, at pp. 800-803.) As Justice Cardozo put it, a proper statement of facts is one that is “rigidly pared down” to those facts “that are truly essential as opposed to those that are decorative and adventitious.” (See Gailor, Opinions Among Other Things (1946) 32 A.B.A. J. 443 , 497.)

Second, I agree with my colleagues that Dr. O’Byrne failed to establish the existence of a contract, but I would decide the issue on a…

Plaintiffs George T. O'Byrne, M.D. and George T. O'Byrne, M.D., Inc. appeal from a summary judgment in favor of defendants Santa Monica Hospital Medical Center, The Regents of the University of California on behalf of Santa Monica-UCLA Medical Center, and Daniel Wohlgelernter, M.D. We affirm.

On June 18, 1992, plaintiff George T. O'Byrne, M.D. (plaintiff) submitted to defendant Santa Monica Hospital Medical Center (Medical Center) [2] an Application for Appointment to the Attending Staff (Application). By it, he sought privileges in internal medicine and cardiology. The Application, which plaintiff signed, contained an acknowledgment that he had received and read a copy of the Attending Staff Bylaws (Bylaws).

Article XV, paragraph 1(b) of the Bylaws sets forth the grounds for a hearing. These include the denial of requested staff privileges, a reduction in privileges and termination of privileges. If the Executive Medical Board takes any of the preceding actions, notice of the action must be given within 10 days. After notice is given, the physician has 30 days in which to seek a hearing on the matter.

After filing his Application, plaintiff was granted temporary…