Sabit v. Abou-Samra – April 2015 (Summary)

ANTI-SLAPP

Sabit v. Abou-Samra, 2d Civil No. B249793 (Cal. Ct. App. Apr. 30, 2015)

The Court of Appeal for California affirmed a lower court’s dismissal of an intentional interference with a contract claim brought by a physician against a hospital. The plaintiff physician was employed at a private clinic and had privileges at the defendant hospital. The hospital summarily suspended the physician while it investigated an allegation that he did not render appropriate medical care to patients. The clinic terminated his employment. The physician brought suit against the hospital stating that the hospital intentionally interfered with his employment contract. The hospital filed a motion to strike the lawsuit under the state’s civil procedure code as a strategic lawsuit against public participation (“SLAPP”). The lower court granted the motion and the physician appealed.

The court affirmed the anti-SLAPP motion holding that this litigation was a challenge to the hospital’s protected free speech. The court explained that the hospital’s suspension of the physician was an activity and speech authorized by state law, and thus was protected activity. Additionally, the physician’s intentional interference with a contract claim failed because he had not established that the hospital knew of his employment contract with the clinic and it acted knowing that the contract would be disrupted.