The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, April 15, 2015. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
Review Granted
Dhillon v. John Muir Health, S224472—Review Granted—April 15, 2015
The case presents the following issue: Is a trial court order granting in part a physician’s petition for writ of administrative mandate regarding a hospital’s disciplinary action, and remanding the matter to the hospital for further administrative proceedings, an appealable order?
The medical staffs of John Muir Health (John Muir), operators of medical centers in Walnut Creek and Concord, took minor disciplinary action against Dhillon, a physician with staff privileges, and Dhillon filed a petition for administrative mandamus in the Superior Court to challenge the action. The Superior Court ordered John Muir to initiate a Judicial Review Committee (JRC) process to review the action. John Muir appealed from the judgment and also filed a writ petition because case law was unclear as to whether the judgment was appealable.
The Court of Appeal, First District, Division Three, denied the writ petition and dismissed the appeal as having been taken from a nonappealable order. The Court of Appeal also ruled that the judgment is not appealable as a final determination of a collateral matter.
[Full disclosure: Horvitz & Levy LLP represents John Muir Health.]
Review Denied (with dissenting justices)
None.
Depublished
None.