Janda
Janda v. Madera Community Hospital
Opinion
Opinion
Wanger, J.
MEMORANDUM OPINION RE: DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)
I. INTRODUCTION
Plaintiff John P.S. Janda, a physician, initiated this suit on January 7, 1998, after the Madera Community Hospital closed its orthopedic department, alleging the closure was undertaken to eliminate non-Caucasian physicians to change the racial composition of the orthopedic department. Plaintiff asserts state law and civil rights claims under 42 U.S.C. §§ 1981 , 1985(3) against Defendants.
Defendants move to dismiss Plaintiffs fourth and fifth claims for failure to state a claim. See Fed.R.Civ.P. 12(b)(6). The motion is DENIED IN PART AND GRANTED IN PART.
II.FACTUAL BACKGROUND
Plaintiff was born in India to Indian parents and is now a United States citizen. He is an orthopedic surgeon licensed to practice medicine in the state of California. In 1983, Plaintiff was appointed to Madera Community Hospital’s (“Hospital”) courtesy medical staff. Three years later, in 1986, Dr. Janda was elevated to the Hospital’s “active” staff.
The Hospital is a private, not-for-profit hospital organized under the laws of California. Its medical departments are managed under an “open” and…