Nicholson

Charles S. Nicholson III, D.D.S., appeals from the judgment of dismissal following the grant of summary judgment in favor of respondents John W. Lucas, D.D.S., Bakersfield Memorial Hospital, C. Larry Carr and Charles S. Ashmore, M.D., on appellant’s third amended complaint which alleged malicious prosecution of an administrative proceeding. Appellant contends the bases upon which the trial court granted summary judgment were erroneous and argues there are triable issues of fact as to each element of this cause of action. We will affirm, concluding the administrative proceedings initiated were based upon probable cause.

Statement of Facts

Appellant is a dentist practicing in Bakersfield, California. He applied for appointment to the medical and dental staff of Bakersfield Memorial Hospital and was awarded provisional staff membership. Provisional staff members require observation by designated proctors in the operation of clinical privileges. At no time prior to September 22, 1987, did appellant have privileges to perform procedures other than dental extractions without the presence of a proctor.

Prior to 1987, it came to the attention of the surgery supervisory…