Central Valley Hospitalists v. Dignity Health

A group of doctors sued the hospital, alleging unfair business practices and interference, specifying that the action was not based on any “wrongs or facts arising from any peer review activities.” The complaint was conclusory in nature, with little factual support and ultimately did not withstand demurrer. Disregarding the express pleading, the hospital filed a special motion to strike (Code of Civil Procedure, 425.16, “anti-SLAPP motion”), contending that while plaintiffs did not state a claim, to the extent it could state a claim, it had to be based on peer review—a protected activity. The hospital also filed a demurrer, which was stipulated to while the SLAPP motion was pending. The court of appeal affirmed the denial of the SLAPP motion, stating: A losing defendant’s right to appeal is the aspect of the Anti-SLAPP Statute most subject to abuse,” and noting the “inordinate delay” and “unnecessary legal fees.” In this case, the original suit was not based on a protected activity. View "Central Valley Hospitalists v. Dignity Health" on Justia Law