Nesson

Nesson v. Northern Inyo County Local Hospital District

Bad Law
138 Cal. Rptr. 3d 446·2012 Cal. App. LEXIS 267·204 Cal. App. 4th 65
Court of Appeal of CaliforniaFebruary 10, 2012No. E053414California7,389 words

Opinion

Lead Opinion

Codrington, J.

*72 Opinion

I

INTRODUCTION

Plaintiff John Nesson, a radiologist, sued defendant Northern Inyo County Local Hospital District (Hospital) after the medical executive committee (MEC) summarily suspended his medical staff privileges and the Hospital terminated his contract to provide radiology services. Nesson’s complaint seeks damages for breach of contract, retaliation, and discrimination. Nesson appeals from an order and judgment granting the Hospital’s special antiSLAPP motion to strike. (Code Civ. Proc., § 425.16.)

Nesson contends his claims against the Hospital are not subject to an anti-SLAPP motion. Additionally and in the alternative, he maintains he has established the probable validity of his claims. Based on our independent review, we conclude the trial court properly granted the anti-SLAPP motion.

II

FACTUAL AND PROCEDURAL BACKGROUND

We derive the statement of the facts from the complaint and from the evidence submitted in support of and against the anti-SLAPP motion. Many of the operative facts are essentially undisputed except where noted.

A. The Radiology Services Agreement

Nesson has been a licensed California physician since 1966 and a practicing radiologist…

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