Smith v. Adventist Health System/West

*43 Opinion

INTRODUCTION

Brenton R. Smith, M.D., sued Adventist Health System/West and its affiliates for summarily suspending his privileges at Selma Community Hospital for a brief time in 2004 and for failing to process his October 2007 reapplication for privileges at the hospital. Defendants responded to the lawsuit by filing special motions to strike pursuant to California’s anti-SLAPP statute. 1 The trial court denied the motions. Defendants appealed.

We conclude (1) Smith has a reasonable probability of succeeding on bis claims concerning the 2004 summary suspension and (2) defendants failed to carry their burden of showing that Smith’s claim concerning the failure to process his 2007 reapplication arose out of activity protected by the antiSLAPP statute.

The order denying the anti-SLAPP motions will be affirmed.

FACTS AND PROCEEDINGS

Parties

Plaintiffs in this lawsuit are Smith and two corporations (jointly, Smith) through which he provides medical care to his patients: (1) Valley Family Health Center Medical Group, Inc., and (2) Central Valley Maternal & Child Care Centers, Medical Group, Inc.

Defendants include (1) Adventist Health System/West, (2) Selma Community…