Nesson v. Northern Inyo County Hosp., 204 Cal. App. 4th 65 (2012)

John Nesson sued the hospital where he had been employed as a radiologist after the medical executive committee terminated his contract. Nesson alleged breach of contract, retaliation and discrimination based upon a perceived mental disability or medical condition. The hospital successfully obtained dismissal of Nesson's lawsuit under the anti-SLAPP statute on the grounds that the complaint targeted a protected activity (the suspension of Nesson's medical privileges following a medical peer review) and that Nesson had failed to establish that there was a probability that he would prevail on his claims. The Court of Appeal affirmed the dismissal. Compare Donovan v. Dan Murphy Found., 204 Cal. App. 4th 1500 (2012) (foundation director's "wrongful removal" claim was improperly dismissed under anti-SLAPP statute).