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KFH v. SACRAMENTO COUNTY SUPERIOR COURT

No. C047124.

26 Cal.Rptr.3d 744 (2005)

128 Cal.App.4th 85

KAISER FOUNDATION HOSPITALS et al., Petitioners, v. The SACRAMENTO COUNTY SUPERIOR COURT, Respondent; Debbie Dennis-Johnson, M.D., Real Party in Interest.

Court of Appeals of California, Third District.

Rehearing Denied April 21, 2005.

Review Denied July 13, 2005.

Attorney(s) appearing for the Case

Bingham McCutchen, Ross E. Campbell, Beth McGowen, Katharine West, East Palo Alto, and David M. Heilbron, San Francisco, for Petitioners Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Jack Rozance, M.D., and Robert Azevedo, M.D.

Quinn Emanuel Urquhart Oliver & Hedges, Samuel B. Shepherd and Philip J. Wang, Redwood Shores, for Petitioner The Permanente Medical Group, Inc.

No appearance for Respondent.

Carter & Schear, Stephen D. Schear and Jana Carter, Oakland; Eric Weaver for Real Party in Interest.

ROBIE, J.

In this writ proceeding, we are called on to decide whether the failure of a hospital to begin a peer review hearing within the 60-day period provided by subdivision (h) of Business and Professions Code1 section 809.2 excuses the physician who is subject to peer review from completing the peer review process and permits the physician to bring an immediate tort action for damages and other relief in the superior court. We conclude...

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