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SMITH V. SELMA COMMUNITY HOSPITAL Part-I

SMITH V. SELMA COMMUNITY HOSPITAL Part-I
09:21:2010



SMITH<br /> V








SMITH
V.
SELMA > >COMMUNITY > >HOSPITAL >



















Filed 9/1/10



















>CERTIFIED FOR PUBLICATION

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH
APPELLATE DISTRICT




>






BRENTON R. SMITH,



Plaintiff and
Appellant,



V.



SELMA
COMMUNITY HOSPITAL,



Defendant and
Respondent.






F057802



(Super.
Ct. No. 05CECG02293)





>OPINION




APPEAL
from a judgment of the Superior Court
of Fresno
County. Mark Wood
Snauffer, Judge.

Andrews
& Hensleigh, Barbara Hensleigh and John J. Aumer for Plaintiff and
Appellant.

Manatt,
Phelps & Phillips, Barry S. Landsberg, Doreen W. Shenfeld and
Joanna S. McCallum for Defendant and Respondent.



The governing board of Selma
Community Hospital
(also SCH) terminated the hospital privileges of Brenton R. Smith, M.D.,
and Smith filed a petition for writ of
mandamus seeking to have his hospital privileges reinstated. Smith prevailed in the writ proceeding and
also won when the hospital appealed. ( >Smith v. >Selma > Community >Hospital > (2008) 164 Cal.App.4th 1478 [superior court's
issuance of writ affirmed].) After the
appeal, Smith filed a motion for attorney fees pursuant to Business and
Professions Code section 809.9.[1] The
trial court denied the motion, and Smith appealed.

Section 809.9 provides that the
court shall award attorney fees â€




Description The governing board of Selma Community Hospital (also SCH) terminated the hospital privileges of Brenton R. Smith, M.D., and Smith filed a petition for writ of mandamus seeking to have his hospital privileges reinstated. Smith prevailed in the writ proceeding and also won when the hospital appealed. (Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [superior court's issuance of writ affirmed].) After the appeal, Smith filed a motion for attorney fees pursuant to Business and Professions Code section 809.9.[1] The trial court denied the motion, and Smith appealed.
Section 809.9 provides that the court shall award attorney fees â€
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