Mitchell v. Frank R. Howard Memorial Hospital

In this consolidated appeal, Dr. Mitchell (appellant) appeals the dismissal of his three separate state court actions against Frank R. Howard Memorial Hospital (the Hospital) and several named individuals affiliated with the Hospital (collectively respondents). The first action was dismissed for failure to bring it to trial within five years (Code Civ. Proc., § 583.310); the second action was dismissed for failing to serve the complaint within two years (Code Civ. Proc., § 583.420, subd. (a) (1)); and the third action was dismissed because all applicable statutes of limitations had run. We affirm.

I. Facts

Because the procedural history of appellant’s numerous lawsuits are intertwined, we will attempt to give a brief chronology of the pertinent events. In accordance with well-settled rules governing demurrers, we will accept the truth of appellant’s well-pled allegations, but not his opinions and conclusions. (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572 [ 108 Cal.Rptr. 480 , 510 P.2d 1032 ].)

Each of appellant’s lawsuits arises from the same set of facts. From July 1980 until August 1985, appellant served under oral contract as the radiologist for the…