Jack Rabin, M.D. v. Marjorie B. Schnierow

961 F.2d 216 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jack RABIN, M.D., Plaintiff-Appellant, v. Marjorie B. SCHNIEROW, Defendant-Appellee. No. 90-56251. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 1992. Decided April 27, 1992. Before CANBY, REINHARDT and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff Jack Rabin, M.D. ("Dr. Rabin") brought this diversity action against Marjorie B. Schnierow ("Ms. Schnierow"), alleging defamation and related claims based on a letter she sent to Dr. Rabin, a hospital, the Department of Consumer Affairs for the State of California, and the Los Angeles County Medical Association. At the close of Dr. Rabin's evidence, the district court dismissed Dr. Rabin's claims pursuant to Fed.R.Civ.P. 41(b). We affirm. DISCUSSION 3 I. WAS THE OCTOBER 29 LETTER PRIVILEGED? 4 Dr. Rabin's main challenge on appeal is that Ms. Schnierow is not entitled to the qualified privilege provided by Cal.Civ.Code § 43.8…