Webman

Webman v. Little Co. of Mary Hospital

Good Law
1995 Cal. App. LEXIS 1038·39 Cal. App. 4th 592·46 Cal. Rptr. 2d 90·95 Daily Journal DAR 14326·95 Cal. Daily Op. Serv. 8356
Court of Appeal of CaliforniaOctober 23, 1995B090580California5,025 words

Opinion

Opinion

Brandlin, J.

Robert M. Webman, M.D., appeals from a judgment denying his petition for a peremptory writ of mandate to compel his reappointment to the medical staff of Little Company of Mary Hospital (LCMH). (Code Civ. Proc., § 1094.5.) He contends: “[I.] The denial of appellant Webman’s application for reappointment was neither reasonable nor necessary. [II.] Neither the facts as found by the superior court in its Statement of Decision nor the facts as found by the LCMH Judicial Review Committee are supported by substantial evidence.”

Facts

Initially we note that appellant, in derogation of his “burden of producing a record which overcomes the presumption of validity favoring [the] judgment” (Weiss v. Brentwood Sav. & Loan Assn. (1970) 4 Cal.App.3d 738, 746 [ 84 Cal.Rptr. 736 ]), neglected to designate the administrative record and transcript as part of the record on appeal, despite the fact that they are cited extensively in his briefs and are essential for the resolution of his contentions on appeal. Though the failure to produce an adequate record can result in the dismissal of an appeal (Ehman v. Moore (1963) 221 Cal.App.2d 460, 463 [ 34 Cal.Rptr. 540 ]; Barry v. Rodgers (1962)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.