Aguilar

Aguilar v. Goldstein

Good Law
144 Cal. Rptr. 3d 238·2012 Cal. App. LEXIS 825·207 Cal. App. 4th 1152·2012 WL 2929054
Court of Appeal of CaliforniaJuly 19, 2012No. B228435California4,552 words

Opinion

Lead Opinion

Willhite, J.

Defendants and appellants Marc R. Goldstein, Lawrence Weiss, M.D., Vincent Jensen, and Terrence Pyle (collectively, defendants) appeal from an order denying their special motion to strike under Code of Civil Procedure 1 section 425.16. The trial court found that section 425.16 did not apply because the complaint did not arise from acts in furtherance of *1155 defendants’ right of petition or free speech. We agree, and affirm the order denying defendants’ motion.

BACKGROUND

Plaintiffs and respondents Julio Garcia Aguilar, M.D., Joanne E. Mortimer, M.D., and Michael W. Lew, M.D. (collectively, plaintiffs), are physicians and shareholders of California Cancer Specialists Medical Group, Inc., a professional corporation doing business as City of Hope Medical Group (the Group). The Group is owned by physicians who, along with other physicians and health care professionals the Group employs, provided at least 90 percent of the medical staff at City of Hope National Medical Center (the Hospital) under a professional medical service agreement (the PMSA).

For the first 20 years of the Group and the Hospital’s relationship, almost all of the managerial and administrative duties…

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.