GEORGE KIBLER v. NORTHERN INYO COUNTY LOCAL HOSPITAL DISTRICT

Filed 7/20/06 (reposted same date to correct trial judge designation)

IN THE SUPREME COURT OF CALIFORNIA

GEORGE KIBLER, )

)

Plaintiff and Appellant, )

) S131641

v. )

) Ct.App. 4/2 E035085

NORTHERN INYO COUNTY )

LOCAL HOSPITAL DISTRICT et al., )

) Inyo County

Defendants and Respondents. ) Super. Ct. No. CVCV02-32216

__________________________________ )

Code of Civil Procedure section 425.16 sets out a procedure for striking complaints in harassing lawsuits that are commonly known as SLAPP suits (strategic lawsuits against public participation), which are brought to challenge the exercise of constitutionally protected free speech rights.^[1] Is this procedure available in a lawsuit brought by a hospital staff physician and arising out of a disciplinary recommendation by the hospital's peer review committee? We conclude that it is, and therefore affirm the Court of Appeal.

I

Beginning in 1979, Northern Inyo Hospital, an acute-care facility in Bishop, California, granted staff privileges to Dr. George Kibler, a physician and surgeon. On December 20, 2001, after a series of hostile encounters between Kibler and other staff members, the hospital brought an action against Kibler, seeking an injunction under section 527.8 against workplace violence. The next day, the hospital's peer review committee summarily suspended Kibler from its medical staff based on his â€