Melamed v. Cedars-Sinai Medical Center (Oct. 6, 2017, B263095) 2017 WL 4510849

A physician sued a hospital and some doctors, alleging that the summary suspension of his medical staff privileges was motivated by retaliatory animus.  The Court of Appeal affirmed the dismissal of the suit under the anti-SLAPP statute.  On the first prong, it held that the claims arose out of protected conduct—the peer review process mandated by statute—despite plaintiff’s allegations of retaliatory motive.  On the second prong, it held that the physician failed to establish a probability of success on the merits of his claims, because he failed to establish a prima facie case of retaliation under the Health and Safety Code and the non-statutory claims were barred by his failure to exhaust judicial remedies.

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