Peterson
Peterson v. Sutter Medical Foundation
Opinion
Trial Court Opinion
BACKGROUND
I. FACTUAL BACKGROUND
22 A. The Parties 23 Peterson is a medical doctor who lives and works in Oakland, California. Second 24 Amended Complaint (“SAC”) [Dkt. No. 78] ¶ 2. He has practiced medicine since 1983. Id. ¶ 57. 25 Three groups of defendants are relevant to the current motions. The “MBC Defendants” 26 are Kristina Lawson, Howard Krauss, Randy Hawkins, Richard Fantozzi, Dev Gnanadev, Ronald 27 Lewis, Laurie Rose Lubiano, Asif Mahmood, Richard Thorp, and Felix Yip. All were or are members of the MBC, the state’s medical licensure agency. Id. ¶¶ 11–22. The “Sutter Defendants” are Sutter Bay Medical Foundation (“Sutter Bay”) and Sutter Bay Hospitals d/b/a Alta Bates Summit Medical Center (“Alta Bates”). Id. ¶¶ 3–5. The “Doctor Defendants” are Neil Stollman, Rod Perry, and Philip Rich, physicians associated with the Sutter Defendants. See id. ¶¶ 7–10. From 1999 to 2009, Peterson had endoscopy privileges at Alta Bates. Id. ¶ 58. B. The MediCal Strategy Peterson alleges that Sutter employs something called the MediCal Strategy. According to him, Sutter Bay “monopolizes and controls healthcare and…