California Court of Appeal

In a claim alleging violations of the Cartwright Act, the unfair competition law, and interference with prospective economic advantage, summary judgment for defendant-hospital is reversed in part and affirmed in part where: 1) the court was without authority to shorten the minimum notice for the summary adjudication motion on the exclusive dealing theory over plaintiff's objection; and 2) the trial court erred in summarily adjudicating a cause of action alleging defendant used its monopoly power in the inpatient hospital services market to unlawfully coerce patients and insurers into using its non-monopoly outpatient surgery services, in favor of defendant.

Appellate Information

• Decided 12/17/2008
• Published 12/17/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Hanson Bridgett Marcus Vlahos & Rudy, Michael A. Duncheon, Stephen B. Peck, Michael B. McNaughton, San Francisco;  Spiegel Liao & Kagay, Michael I. Spiegel and Charles M. Kagay, San Francisco, for Plaintiff and Appellant.


• For Appellees:
  
• Manatt, Phelps & Phillips, Martin J. Thompson, Costa Mesa, Chad S. Hummel and Joanna S. McCallum, Los Angeles;  Allen, Proietti & Fagalde and Terry L. Allen, Merced, for Defendants and Respondents.