California Court of Appeal

In plaintiff's action against defendant-hospital group seeking a preliminary injunction for rejecting his application for hospital privileges and medical staff membership at defendant's hospital, judgment granting the injunction and restoring his privileges is affirmed and the court did not err when it: 1) impliedly found that a statutorily required injunction bond had been waived or forfeited; 2) expressly found that plaintiff was likely to prevail on the merits; and 3) balanced the likely interim harm to the parties of granting or denying the preliminary injunction.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Manatt, Phelps & Phillips, Barry S. Landsberg, Doreen W. Shenfeld, Joanna S. McCallum, Zoey Kohn;  van Hall Law Offices, Suzanne F. van Hall;  DiCaro, Coppo & Popcke and Carlo Coppo for Defendants and Appellants., Andrews & Hensleigh, Barbara Hensleigh and John Aumer for Plaintiffs and Respondents.