Judge: Maurice A. Leiter, Case: 23STCV03405, Date: 2023-04-28 Tentative Ruling

Case Number: 23STCV03405    Hearing Date: April 28, 2023    Dept: 54

Hearing Date: April 28, 2023

Department 54, Judge Maurice A. Leiter

Anti-SLAPP

Moving Party: Defendants Dignity Health dba St. Mary Medical Center, Carolyn Caldwell, Charles Anderson and Christopher Pook

Responding Party: Plaintiffs Dr. Nayyer Ali, M.D. and Dr. Mauricio Heilbron, M.D.

T/R:     DEFENDANTS’ ANTI-SLAPP MOTION IS CONTINUED TO MAY 11, 2023 AT 9:00 AM.

SUPPLEMENTAL BRIEFING, NOT TO EXCEED 10 PAGES, MUST BE FILED AND SERVED NO LATER THAN MAY 5, 2023.

            DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

Defendants move to strike various allegations from Plaintiffs’ complaint on the grounds that they seek redress for protected activity. Specifically, Defendants assert that the peer review process and exclusive contracting process are activities protected under anti-SLAPP law.

The complaint details a long, complex series events leading to Plaintiffs’ alleged harm. Defendants generally argue that Plaintiffs’ causes of action arise solely from the peer review and exclusive contracting processes and therefore must be stricken. In opposition, Plaintiffs assert that the causes of action do not seek redress for statements made in connection with peer review process, that any mention of this process is merely context, and that the exclusive contracting process is not protected activity.

The Court requires argument focused on the specific allegations in Defendants’ notice of motion that Defendants seek to have stricken. The parties are ordered to provide simultaneous, supplemental briefing addressing these allegations. With respect to each allegation, the parties shall identify exactly what activity is protected or not protected, and whether Plaintiffs’ causes of action arise from that activity or the allegation is merely evidence or context. Each side’s supplemental briefing may not exceed 10 pages.

Defendants’ anti-SLAPP motion is CONTINUED to May 11, 2023 at 9:00 am. Supplemental briefing, not to exceed 10 pages, must be filed and served no later than May 5, 2023.