California Court of Appeal

In plaintiff's action for a writ of administrative mandate challenging the decision of a hospital board of directors to terminate his medical staff privileges, trial court's grant of defendants' special motion to strike the fifth cause of action, which specifically challenged plaintiff's cause of action for relief from the summary suspension, is reversed and remanded where: 1) the trial court lacked subject matter jurisdiction to continue to entertain the defendants' reconsideration motion, as of the time that the defendant filed its appeal of the October order that reconsidered the original grant of the defendants' motion to strike; and 2) the anti-SLAPP statutory protections do not clearly apply as a matter of law for plaintiff's fifth cause of action.

Appellate Information

• Decided 10/17/2012
• Published 10/17/2012

Judges

• Huffman

Court

• California Court of Appeal

Counsel